Ferry system salaries

AN ACT Relating to making the salaries of ferry system collective 1
bargaining units more competitive through salary survey comparisons; 2
and amending RCW 47.64.006, 47.64.170, and 47.64.320.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 47.64.006 and 1989 c 327 s 1 are each amended to 5
read as follows: 6
The legislature declares that it is the public policy of the 7
state of Washington to: (1) Provide continuous operation of the 8
Washington state ferry system at reasonable cost to users; (2) 9
efficiently provide levels of ferry service consistent with trends 10
and forecasts of ferry usage; (3) promote harmonious and cooperative 11
relationships between the ferry system and its employees by 12
permitting ferry employees to organize and bargain collectively; (4) 13
protect the citizens of this state by assuring effective and orderly 14
operation of the ferry system in providing for their health, safety, 15
and welfare; (5) prohibit and prevent all strikes or work stoppages 16
by ferry employees; (6) protect the rights of ferry employees with 17
respect to employee organizations; and (7) promote just and fair 18
compensation, benefits, and working conditions for ferry system 19
employees as compared with public and private sector employees ((in 20
states along the west coast of the United States, including Alaska, 21
H-0331.1
HOUSE BILL 1264
State of Washington 69th Legislature 2025 Regular Session
By Representatives Fey, Macri, Fitzgibbon, Lekanoff, Berry, Bronoske,
Leavitt, Callan, Ryu, Ramel, Reed, Paul, Parshley, Nance, and
Alvarado
Read first time 01/14/25. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 1264
and in British Columbia )) in directly comparable but not necessarily 1
identical positions. 2
Sec. 2. RCW 47.64.170 and 2015 3rd sp.s. c 1 s 305 are each 3
amended to read as follows: 4
(1) Any ferry employee organization certified as the bargaining 5
representative shall be the exclusive representative of all ferry 6
employees in the bargaining unit and shall represent all such 7
employees fairly. 8
(2) A ferry employee organization or organizations and the 9
governor may each designate any individual as its representative to 10
engage in collective bargaining negotiations. 11
(3) Negotiating sessions, including strategy meetings of the 12
employer or employee organizations, mediation, and the deliberative 13
process of arbitrators are exempt from the provisions of chapter 14
42.30 RCW. Hearings conducted by arbitrators may be open to the 15
public by mutual consent of the parties. 16
(4) Terms of any collective bargaining agreement may be enforced 17
by civil action in Thurston county superior court upon the initiative 18
of either party. 19
(5) Ferry system employees or any employee organization shall not 20
negotiate or attempt to negotiate directly with anyone other than the 21
person who has been appointed or authorized a bargaining 22
representative for the purpose of bargaining with the ferry employees 23
or their representative. 24
(6)(a) Within ((ten)) 10 working days after the first Monday in 25
September of every odd-numbered year, the parties shall attempt to 26
agree on an interest arbitrator to be used if the parties are not 27
successful in negotiating a comprehensive collective bargaining 28
agreement. If the parties cannot agree on an arbitrator within the 29
((ten)) 10-day period, either party may request a list of seven 30
arbitrators from the federal mediation and conciliation service. The 31
parties shall select an interest arbitrator using the coin toss/32
alternate strike method within ((thirty)) 30 calendar days of receipt 33
of the list. Immediately upon selecting an interest arbitrator, the 34
parties shall cooperate to reserve dates with the arbitrator for 35
potential arbitration between August 1st and September 15th of the 36
following even -numbered year. The parties shall also prepare a 37
schedule of at least five negotiation dates for the following year, 38
absent an agreement to the contrary. The parties shall execute a 39
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written agreement before November 1st of each odd-numbered year 1
setting forth the name of the arbitrator and the dates reserved for 2
bargaining and arbitration. This subsection (6)(a) imposes minimum 3
obligations only and is not intended to define or limit a party's 4
full, good faith bargaining obligation under other sections of this 5
chapter. 6
(b) The negotiation of a proposed collective bargaining agreement 7
by representatives of the employer and a ferry employee organization 8
shall commence on or about February 1st of every even-numbered year.9
(c) For negotiations covering the 2009-2011 biennium and 10
subsequent biennia, the time periods specified in this section, and 11
in RCW 47.64.210 and 47.64.300 through 47.64.320, must ensure 12
conclusion of all agreements on or before October 1st of the even-13
numbered year next preceding the biennial budget period during which 14
the agreement should take effect. These time periods may only be 15
altered by mutual agreement of the parties in writing. Any such 16
agreement and any impasse procedures agreed to by the parties under 17
RCW 47.64.200 must include an agreement regarding the new time 18
periods that will allow final resolution by negotiations or 19
arbitration by October 1st of each even-numbered year.20
(7) It is the intent of this section that the collective 21
bargaining agreement or arbitrator's award shall commence on July 1st 22
of each odd-numbered year and shall terminate on June 30th of the 23
next odd-numbered year to coincide with the ensuing biennial budget 24
year, as defined by RCW 43.88.020(((7))) (9), to the extent 25
practical. It is further the intent of this section that all 26
collective bargaining agreements be concluded by October 1st of the 27
even-numbered year before the commencement of the biennial budget 28
year during which the agreements are to be in effect. After the 29
expiration date of a collective bargaining agreement negotiated under 30
this chapter, except to the extent provided in ((subsection (11) of 31
this section and )) RCW 47.64.270(4), all of the terms and conditions 32
specified in the collective bargaining agreement remain in effect 33
until the effective date of a subsequently negotiated agreement, not 34
to exceed one year from the expiration date stated in the agreement. 35
Thereafter, the employer may unilaterally implement according to law.36
(8) ((The office of financial management shall conduct a salary 37
survey, for use in collective bargaining and arbitration )) The 38
minimum monthly salary paid to ferry employees must be competitive 39
with those in the applicable category of external public and private 40
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sector employees described in (a) through (e) of this subsection that 1
is appropriate for each work group, guided by the results of a survey 2
undertaken in the collective bargaining process during each biennium. 3
The office of financial management shall conduct the salary survey, 4
for use in collective bargaining and arbitration, by contracting with 5
a firm nationally recognized in the field of human resources 6
management consulting. The salary survey must be conducted as 7
follows: 8
(a) The salary survey for the deck department and terminal 9
department employees must consist of a comparison of wages, hours, 10
employee benefits, and conditions of employment of the involved ferry 11
employees with those of public and private sector employees in states 12
along the west coast of the United States, including Alaska, and in 13
British Columbia doing directly comparable but not necessarily 14
identical work, giving consideration to factors peculiar to the area 15
and the classifications involved;16
(b) The salary survey for the masters and mates must consist of a 17
comparison of wages, hours, employee benefits, and conditions of 18
employment of the involved ferry employees with those of public and 19
private sector employees, including business entities whose 20
operations include the movement of unlimited tonnage vessels, in the 21
designated pilotage waters of the states along the west coast of the 22
United States, including Alaska, doing directly comparable but not 23
necessarily identical work. When considering whether work is directly 24
comparable but not necessarily identical, consideration must be given 25
to factors peculiar to the area and the classifications involved and 26
whether there are United States coast guard licensing requirements, 27
including the holding of first-class pilot endorsements as described 28
in 46 U.S.C. Sec. 8502;29
(c) The salary survey for the engine room employees must consist 30
of a comparison of wages, hours, employee benefits, and conditions of 31
employment of the involved ferry employees with those of private 32
sector shipping employees and public and private sector employees in 33
states along the west coast of the United States, including Alaska, 34
and in British Columbia, and public sector employers on the east 35
coast who operate double-ended vessels with similar horsepower that 36
carry more than 2,000 passengers, doing directly comparable but not 37
necessarily identical work, giving consideration to factors peculiar 38
to the area and the classifications involved;39
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(d) The salary survey for the trades employees at the Eagle 1
Harbor shipyard facility must consist of a comparison of wages, 2
hours, employee benefits, and conditions of employment of the 3
involved ferry employees with those of public and private sector 4
employees in the Puget Sound region and must include the Port of 5
Seattle maintenance facility, the Port of Tacoma maintenance 6
facility, the King county maintenance facility, and the state 7
prevailing wage rates for shipyard employees and building trades 8
employees, doing directly comparable but not necessarily identical 9
work, giving consideration to factors peculiar to the area and the 10
classifications involved;11
(e) The salary survey for all other covered employees must 12
consist of a comparison of wages, hours, employee benefits, and 13
conditions of employment of the involved ferry employees with those 14
of public and private sector employees in states along the west coast 15
of the United States, including Alaska, and in British Columbia doing 16
directly comparable but not necessarily identical work, giving 17
consideration to factors peculiar to the area and the classifications 18
involved;19
(f) The office of financial management shall look at available 20
collective bargaining agreements for comparable classifications to 21
determine the wage scales for the time period beginning July 1st of 22
the ensuing year;23
(g) The office of financial management shall seek the input of 24
the employee organizations in gathering information; and25
(h) The office of financial management shall make an unredacted 26
version of the final salary survey available to all bargaining 27
parties by April 1st of the even-numbered year. 28
(9) ((Except as provided in subsection (11) of this section:))29
(a) The governor shall submit a request either for funds 30
necessary to implement the collective bargaining agreements 31
including, but not limited to, the compensation and fringe benefit 32
provisions or for legislation necessary to implement the agreement, 33
or both. Requests for funds necessary to implement the collective 34
bargaining agreements shall not be submitted to the legislature by 35
the governor unless such requests: 36
(i) Have been submitted to the director of the office of 37
financial management by October 1st before the legislative session at 38
which the requests are to be considered; and 39
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(ii) Have been certified by the director of the office of 1
financial management as being feasible financially for the state.2
(b) The governor shall submit a request either for funds 3
necessary to implement the arbitration awards or for legislation 4
necessary to implement the arbitration awards, or both. Requests for 5
funds necessary to implement the arbitration awards shall not be 6
submitted to the legislature by the governor unless such requests:7
(i) Have been submitted to the director of the office of 8
financial management by October 1st before the legislative session at 9
which the requests are to be considered; and 10
(ii) Have been certified by the director of the office of 11
financial management as being feasible financially for the state.12
(c) The legislature shall approve or reject the submission of the 13
request for funds necessary to implement the collective bargaining 14
agreements or arbitration awards as a whole for each agreement or 15
award. The legislature shall not consider a request for funds to 16
implement a collective bargaining agreement or arbitration award 17
unless the request is transmitted to the legislature as part of the 18
governor's budget document submitted under RCW 43.88.030 and 19
43.88.060. If the legislature rejects or fails to act on the 20
submission, either party may reopen all or part of the agreement and 21
award or the exclusive bargaining representative may seek to 22
implement the procedures provided for in RCW 47.64.210 and 47.64.300.23
(10) If, after the compensation and fringe benefit provisions of 24
an agreement are approved by the legislature, a significant revenue 25
shortfall occurs resulting in reduced appropriations, as declared by 26
proclamation of the governor or by resolution of the legislature, 27
both parties shall immediately enter into collective bargaining for a 28
mutually agreed upon modification of the agreement.29
(((11)(a) For the collective bargaining agreements negotiated for 30
the 2011-2013 fiscal biennium, the legislature may consider a request 31
for funds to implement a collective bargaining agreement even if the 32
request for funds was not received by the office of financial 33
management by October 1st and was not transmitted to the legislature 34
as part of the governor's budget document submitted under RCW 35
43.88.030 and 43.88.060.36
(b) For the 2013-2015 fiscal biennium, a collective bargaining 37
agreement related to employee health care benefits negotiated between 38
the employer and coalition pursuant to RCW 41.80.020(3) regarding the 39
dollar amount expended on behalf of each employee must be a separate 40
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agreement for which the governor may request funds necessary to 1
implement the agreement. The legislature may act upon a 2013-2015 2
collective bargaining agreement related to employee health care 3
benefits if an agreement is reached and submitted to the office of 4
financial management and legislative budget committees before final 5
legislative action on the biennial or supplemental operating budget 6
by the sitting legislature. 7
(c) For the collective bargaining agreements negotiated for the 8
2013-2015 fiscal biennium, the legislature may consider a request for 9
funds to implement a collective bargaining agreement reached after 10
October 1st after a determination of financial infeasibility by the 11
director of the office of financial management if the request for 12
funds is transmitted to the legislature as part of the governor's 13
budget document submitted under RCW 43.88.030 and 43.88.060.))14
Sec. 3. RCW 47.64.320 and 2010 c 283 s 15 are each amended to 15
read as follows: 16
(1) The mediator, arbitrator, or arbitration panel may consider 17
only matters that are subject to bargaining under this chapter, 18
except that health care benefits are not subject to interest 19
arbitration. 20
(2) The decision of an arbitrator or arbitration panel is not 21
binding on the legislature and, if the legislature does not approve 22
the funds necessary to implement provisions pertaining to 23
compensation and fringe benefit provisions of an arbitrated 24
collective bargaining agreement, is not binding on the state, the 25
department of transportation, or the ferry employee organization.26
(3) In making its determination, the arbitrator or arbitration 27
panel shall be mindful of the legislative purpose under RCW 47.64.005 28
and 47.64.006 and, as additional standards or guidelines to aid it in 29
reaching a decision, shall take into consideration the following 30
factors: 31
(a) The financial ability of the department to pay for the 32
compensation and fringe benefit provisions of a collective bargaining 33
agreement; 34
(b) Past collective bargaining contracts between the parties 35
including the bargaining that led up to the contracts;36
(c) The constitutional and statutory authority of the employer;37
(d) Stipulations of the parties; 38
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(e) The results of the salary survey as required in RCW 1
47.64.170(8); 2
(f) Comparison of wages, hours, employee benefits, and conditions 3
of employment of the involved ferry employees with ((those of public 4
and private sector employees in states along the west coast of the 5
United States, including Alaska, and in British Columbia doing 6
directly comparable but not necessarily identical work, giving 7
consideration to factors peculiar to the area and the classifications 8
involved)) the appropriate public and private sector employees in the 9
described geographical areas, as specified under RCW 47.64.170(8) (a) 10
through (e); 11
(g) Changes in any of the foregoing circumstances during the 12
pendency of the proceedings; 13
(h) The limitations on ferry toll increases and operating 14
subsidies as may be imposed by the legislature; 15
(i) The ability of the state to retain ferry employees;16
(j) The overall compensation presently received by the ferry 17
employees, including direct wage compensation, vacations, holidays 18
and other paid excused time, pensions, insurance benefits, and all 19
other direct or indirect monetary benefits received; and20
(k) Other factors that are normally or traditionally taken into 21
consideration in the determination of matters that are subject to 22
bargaining under this chapter. 23
(4) This section applies to any matter before the respective 24
mediator, arbitrator, or arbitration panel. 25
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