RCW 41.56.475
Uniformed personnel—Application of chapter to Washington state patrol—Mediation and arbitration.
In addition to the classes of employees listed in RCW 41.56.030(14), the provisions of RCW 41.56.430 through 41.56.452 and 41.56.470, 41.56.480, and 41.56.490 also apply to Washington state patrol officers appointed under RCW 43.43.020 as provided in this section, subject to the following:
(1) Within 10 working days after the first Monday in September of every odd-numbered year, the state's bargaining representative and the bargaining representative for the appropriate bargaining unit shall attempt to agree on an interest arbitration panel consisting of three members to be used if the parties are not successful in negotiating a comprehensive collective bargaining agreement. Each party shall name one person to serve as its arbitrator on the arbitration panel. The two members so appointed shall meet within seven days following the appointment of the later appointed member to attempt to choose a third member to act as the neutral chair of the arbitration panel. Upon the failure of the arbitrators to select a neutral chair within seven days, the two appointed members shall use one of the two following options in the appointment of the third member, who shall act as chair of the panel: (a) By mutual consent, the two appointed members may jointly request the commission to, and the commission shall, appoint a third member within two days of such a request. Costs of each party's appointee shall be borne by each party respectively; other costs of the arbitration proceedings shall be borne by the commission; or (b) either party may apply to the commission, the federal mediation and conciliation service, or the American arbitration association to provide a list of five qualified arbitrators from which the neutral chair shall be chosen. Each party shall pay the fees and expenses of its arbitrator, and the fees and expenses of the neutral chair shall be shared equally between the parties. Immediately upon selecting an interest arbitration panel, the parties shall cooperate to reserve dates with the arbitration panel for potential arbitration between August 1st and September 15th of the following even-numbered year. The parties shall also prepare a schedule of at least five negotiation dates for the following year, absent an agreement to the contrary. The parties shall execute a written agreement before November 1st of each odd-numbered year setting forth the names of the members of the arbitration panel and the dates reserved for bargaining and arbitration. This subsection imposes minimum obligations only and is not intended to define or limit a party's full, good faith bargaining obligation under other sections of this chapter.
(2) The mediator or arbitration panel may consider only matters that are subject to bargaining under RCW 41.56.473.
(3) The decision of an arbitration panel is not binding on the legislature and, if the legislature does not approve the funds necessary to implement provisions pertaining to wages and wage-related matters of an arbitrated collective bargaining agreement, is not binding on the state or the Washington state patrol.
(4) In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and, as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:
(a) The constitutional and statutory authority of the employer;
(b) Stipulations of the parties;
(c) Comparison of the hours and conditions of employment of personnel involved in the proceedings with the hours and conditions of employment of like employers of similar size identified in RCW 43.43.380;
(d) Changes in any of the foregoing circumstances during the pendency of the proceedings; and
(e) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of matters that are subject to bargaining under RCW 41.56.473.
[ 2022 c 131 § 2; 2008 c 149 § 1; 2005 c 438 § 2; 1999 c 217 § 4; 1993 c 351 § 1; 1988 c 110 § 2; 1987 c 135 § 3.]
NOTES:
Severability—1987 c 135: See note following RCW 41.56.020.
Structure Revised Code of Washington
Title 41 - Public Employment, Civil Service, and Pensions
Chapter 41.56 - Public Employees' Collective Bargaining.
41.56.010 - Declaration of purpose.
41.56.020 - Application of chapter.
41.56.022 - Application of chapter to University of Washington printing craft employees.
41.56.024 - Application of chapter to classified employees of technical colleges.
41.56.025 - Application of chapter to education providers under chapter 28A.193 RCW.
41.56.0251 - Application of chapter to charter schools.
41.56.026 - Application of chapter to individual providers under chapter 74.39A RCW.
41.56.027 - Application of chapter to passenger-only ferry employees.
41.56.040 - Right of employees to organize and designate representatives without interference.
41.56.060 - Determination of bargaining unit—Bargaining representative.
41.56.070 - Election to ascertain bargaining representative.
41.56.080 - Certification of bargaining representative—Scope of representation.
41.56.090 - Rules and regulations.
41.56.095 - Certification of bargaining representative—Cross-check.
41.56.110 - Employee authorization of membership dues and other payments—Revocation.
41.56.120 - Right to strike not granted.
41.56.122 - Collective bargaining agreements—Binding arbitration.
41.56.123 - Collective bargaining agreements—Effect of termination—Application of section.
41.56.125 - Arbitrators—Selection—Additional method.
41.56.130 - Rules and regulations of Washington state personnel resources board—Mandatory subjects.
41.56.140 - Unfair labor practices for public employer enumerated.
41.56.150 - Unfair labor practices for bargaining representative enumerated.
41.56.165 - Applicability of administrative procedure act to commission action.
41.56.430 - Uniformed personnel—Legislative declaration.
41.56.440 - Uniformed personnel—Negotiations—Declaration of an impasse—Appointment of mediator.
41.56.452 - Interest arbitration panel a state agency.
41.56.465 - Uniformed personnel—Interest arbitration panel—Determinations—Factors to be considered.
41.56.470 - Uniformed personnel—Arbitration panel—Rights of parties.
41.56.490 - Uniformed employees—Strikes prohibited—Violations—Contempt of court.
41.56.496 - Commercial nuclear plants—Application of chapter to certain employees.
41.56.500 - School district collective bargaining agreements.
41.56.513 - Application of chapter to certain postdoctoral and clinical university employees.
41.56.515 - Fish and wildlife officers—Application of chapter.
41.56.516 - Fish and wildlife officers—Application of certain uniformed personnel provisions.
41.56.900 - Short title—Effective date—1967 ex.s. c 108.
41.56.905 - Uniformed personnel—Provisions additional—Liberal construction.
41.56.906 - Construction of chapter—Certain agreements subject to RCW 28A.400.320.
41.56.913 - Conflict with federal requirements—2006 c 54.
41.56.914 - Short title—2006 c 54.
41.56.915 - Effective date—2006 c 54.
41.56.950 - Retroactive date in collective bargaining agreements allowable, when.