DOC interest arb. factors

AN ACT Relating to comparison factors that must be considered in 1
interest arbitration for correctional employees regarding wages, 2
hours, and conditions of employment; and reenacting and amending RCW 3
41.80.200. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 41.80.200 and 2025 c 387 s 4 and 2025 c 162 s 1 are 6
each reenacted and amended to read as follows: 7
(1) In order to maintain dedicated and uninterrupted services to 8
the supervision of criminal offenders that are in state correctional 9
facilities and on community supervision, it is the legislature's 10
intent to grant certain employees of the department of corrections 11
interest arbitration rights as an alternative means of settling 12
disputes. 13
(2) This section applies only to employees covered by chapter 14
41.06 RCW working for the department of corrections, except 15
confidential employees as defined in RCW 41.80.005 and internal 16
auditors. 17
(3) Negotiations between the employer and the exclusive 18
bargaining representative of a unit of employees shall be commenced 19
at least five months before submission of the budget to the 20
legislature. If no agreement has been reached sixty days after the 21
H-2501.1
HOUSE BILL 2622
State of Washington 69th Legislature 2026 Regular Session
By Representatives Stuebe, Doglio, Parshley, Eslick, Fosse, Goodman,
Pollet, Zahn, and Peterson
Read first time 01/22/26. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 2622
commencement of such negotiations then, at any time thereafter, 1
either party may declare that an impasse exists and may submit the 2
dispute to the commission for mediation, with or without the 3
concurrence of the other party. The commission shall appoint a 4
mediator, who shall promptly meet with the representatives of the 5
parties, either jointly or separately, and shall take such other 6
steps as he or she may deem appropriate in order to persuade the 7
parties to resolve their differences and effect an agreement. A 8
mediator, however, does not have a power of compulsion. The mediator 9
may consider only matters that are subject to bargaining under this 10
chapter. 11
(4) If an agreement is not reached following a reasonable period 12
of negotiations and mediation, and the director, upon recommendation 13
of the assigned mediator, finds that the parties remain at impasse, 14
then an arbitrator must be appointed to resolve the dispute. The 15
issues for determination by the arbitrator must be limited to the 16
issues certified by the executive director. 17
(5) Within ten working days after the first Monday in September 18
of every odd-numbered year, the governor or the governor's designee 19
and the bargaining representatives for any bargaining units covered 20
by this section shall attempt to agree on an interest arbitrator to 21
be used if the parties are not successful in negotiating a 22
comprehensive collective bargaining agreement. The parties will 23
select an arbitrator by mutual agreement, by alternatively striking 24
names from a regional list of seven qualified arbitrators provided by 25
the federal mediation and conciliation service, or, with the consent 26
of the parties, the American arbitration association.27
(a) The fees and expenses of the arbitrator, the court reporter, 28
if any, and the cost of the hearing room, if any, will be shared 29
equally between the parties. Each party is responsible for the costs 30
of its attorneys, representatives and witnesses, and all other costs 31
related to the development and presentation of their case.32
(b) Immediately upon selecting an interest arbitrator, the 33
parties shall cooperate to reserve dates with the arbitrator for a 34
potential hearing between August 1st and September 15th of the 35
following even-numbered year. The parties shall also prepare a 36
schedule of at least five negotiation dates, absent an agreement to 37
the contrary. 38
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(c) The parties shall execute a written agreement before December 1
15th of the odd-numbered year setting forth the name of the 2
arbitrator and the dates reserved for bargaining and arbitration.3
(d)(i) The arbitrator must hold a hearing and provide reasonable 4
notice of the hearing to the parties to the dispute. The hearing must 5
be informal and each party has the opportunity to present evidence 6
and make arguments. The arbitrator may not present the case for a 7
party to the proceedings. 8
(ii) The rules of evidence prevailing in judicial proceedings may 9
be considered, but are not binding, and any oral testimony or 10
documentary evidence or other data deemed relevant by the arbitrator 11
may be received in evidence. A recording of the proceedings must be 12
taken. 13
(iii) The arbitrator may administer oaths, require the attendance 14
of witnesses, and require the production of such books, papers, 15
contracts, agreements, and documents deemed by the arbitrator to be 16
material to a just determination of the issues in dispute. If a 17
person refuses to obey a subpoena issued by the arbitrator, or 18
refuses to be sworn or to make an affirmation to testify, or a 19
witness, party, or attorney for a party is guilty of contempt while 20
in attendance at a hearing, the arbitrator may invoke the 21
jurisdiction of the superior court in the county where the labor 22
dispute exists, and the court may issue an appropriate order. Any 23
failure to obey the order may be punished by the court as a contempt 24
thereof. 25
(6) The arbitrator may consider only matters that are subject to 26
bargaining under RCW 41.80.020(1), and may not consider those 27
subjects listed under RCW 41.80.020 (2) and (3) and 41.80.040.28
(a) In making its determination, the arbitrator shall take into 29
consideration the following factors: 30
(i) The financial ability of the department of corrections to pay 31
for the compensation and benefit provisions of a collective 32
bargaining agreement; 33
(ii) The constitutional and statutory authority of the employer;34
(iii) Stipulations of the parties; 35
(iv) Comparison of the wages, hours, and conditions of employment 36
of personnel involved in the proceedings with the wages, hours, and 37
conditions of employment of like personnel of like state government 38
employers of similar size in the western United States and of like 39
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personnel of like state and local government employers of similar 1
size in Washington state; 2
(v) The ability of the department of corrections to retain 3
employees; 4
(vi) The overall compensation presently received by department of 5
corrections employees, including direct wage compensation, vacations, 6
holidays, and other paid excused time, pensions, insurance benefits, 7
and all other direct or indirect monetary benefits received;8
(vii) Changes in any of the factors listed in this subsection 9
during the pendency of the proceedings; and 10
(viii) Such other factors which are normally or traditionally 11
taken into consideration in the determination of matters that are 12
subject to bargaining under RCW 41.80.020(1). 13
(b) The decision of an arbitrator under this section is subject 14
to RCW 41.80.010(3). 15
(7) During the pendency of the proceedings before the arbitrator, 16
existing wages, hours, and other conditions of employment shall not 17
be changed by action of either party without the consent of the other 18
but a party may so consent without prejudice to his or her rights or 19
position under chapter 41.56 RCW. 20
(8)(a) If the representative of either or both the employees and 21
the state refuses to submit to the procedures set forth in 22
subsections (3), (4), and (5) of this section, the parties, or the 23
commission on its own motion, may invoke the jurisdiction of the 24
superior court for the county in which the labor dispute exists and 25
the court may issue an appropriate order. A failure to obey the order 26
may be punished by the court as a contempt thereof.27
(b) A decision of the arbitrator is final and binding on the 28
parties, and may be enforced at the instance of either party, the 29
arbitrator, or the commission in the superior court for the county 30
where the dispute arose. However, the decision of the arbitrator is 31
not binding on the legislature and, if the legislature does not 32
approve the funds necessary to implement provisions pertaining to the 33
compensation and fringe benefit provision of an interest arbitration 34
award, the provisions are not binding on the state or department of 35
corrections. 36
(9) Subject to the provisions of this section, the parties shall 37
follow the commission's procedures for interest arbitration.38
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