Adult family home arb.

AN ACT Relating to factors which are considered in interest 1
arbitration for adult family home providers; and amending RCW 2
41.56.465. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 41.56.465 and 2007 c 278 s 1 are each amended to 5
read as follows: 6
(1) In making its determination, the panel shall be mindful of 7
the legislative purpose enumerated in RCW 41.56.430 and, as 8
additional standards or guidelines to aid it in reaching a decision, 9
the panel shall consider: 10
(a) The constitutional and statutory authority of the employer;11
(b) Stipulations of the parties; 12
(c) The average consumer prices for goods and services, commonly 13
known as the cost of living; 14
(d) Changes in any of the circumstances under (a) through (c) of 15
this subsection during the pendency of the proceedings; and16
(e) Such other factors, not confined to the factors under (a) 17
through (d) of this subsection, that are normally or traditionally 18
taken into consideration in the determination of wages, hours, and 19
conditions of employment. For those employees listed in RCW 20
41.56.030(((7))) (14)(a) who are employed by the governing body of a 21
H-0514.1
HOUSE BILL 1398
State of Washington 69th Legislature 2025 Regular Session
By Representatives Scott, Berry, Peterson, Reed, Reeves, Parshley,
Doglio, Tharinger, Fosse, Ryu, Street, and Hill
Read first time 01/20/25. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 1398
city or town with a population of less than fifteen thousand, or a 1
county with a population of less than seventy thousand, consideration 2
must also be given to regional differences in the cost of living.3
(2) For employees listed in RCW 41.56.030(((7))) (14) (a) through 4
(d), the panel shall also consider a comparison of the wages, hours, 5
and conditions of employment of personnel involved in the proceedings 6
with the wages, hours, and conditions of employment of like personnel 7
of like employers of similar size on the west coast of the United 8
States. 9
(3) For employees listed in RCW 41.56.030(((7))) (14) (e) through 10
(h), the panel shall also consider a comparison of the wages, hours, 11
and conditions of employment of personnel involved in the proceedings 12
with the wages, hours, and conditions of employment of like personnel 13
of public fire departments of similar size on the west coast of the 14
United States. However, when an adequate number of comparable 15
employers exists within the state of Washington, other west coast 16
employers may not be considered. 17
(4) For employees listed in RCW 41.56.028: 18
(a) The panel shall also consider: 19
(i) A comparison of child care provider subsidy rates and 20
reimbursement programs by public entities, including counties and 21
municipalities, along the west coast of the United States; and22
(ii) The financial ability of the state to pay for the 23
compensation and benefit provisions of a collective bargaining 24
agreement; and 25
(b) The panel may consider: 26
(i) The public's interest in reducing turnover and increasing 27
retention of child care providers; 28
(ii) The state's interest in promoting, through education and 29
training, a stable child care workforce to provide quality and 30
reliable child care from all providers throughout the state; and31
(iii) In addition, for employees exempt from licensing under 32
chapter 74.15 RCW, the state's fiscal interest in reducing reliance 33
upon public benefit programs including but not limited to medical 34
coupons, food stamps, subsidized housing, and emergency medical 35
services. 36
(5) For employees listed in RCW 41.56.029 and 74.39A.270:37
(a) The panel shall consider: 38
(i) A comparison of wages, hours, and conditions of employment of 39
publicly reimbursed personnel providing similar services to similar 40
p. 2 HB 1398
clients, including clients who are elderly, frail, or have 1
developmental disabilities, both in the state and across the United 2
States; and 3
(ii) The financial ability of the state to pay for the 4
compensation and fringe benefit provisions of a collective bargaining 5
agreement; and 6
(b) The panel may consider: 7
(i) A comparison of wages, hours, and conditions of employment of 8
publicly employed personnel providing similar services to similar 9
clients, including clients who are elderly, frail, or have 10
developmental disabilities, both in the state and across the United 11
States; 12
(ii) The state's interest in promoting a stable long-term care 13
workforce to provide quality and reliable care to vulnerable elderly 14
and disabled recipients; 15
(iii) The state's interest in ensuring access to affordable, 16
quality health care for all state citizens; and 17
(iv) The state's fiscal interest in reducing reliance upon public 18
benefit programs including but not limited to medical coupons, food 19
stamps, subsidized housing, and emergency medical services.20
(6) Subsections (2) and (3) of this section may not be construed 21
to authorize the panel to require the employer to pay, directly or 22
indirectly, the increased employee contributions resulting from 23
chapter 502, Laws of 1993 or chapter 517, Laws of 1993 as required 24
under chapter 41.26 RCW. 25
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p. 3 HB 1398