As used in this chapter:
(1) "Public employer" means any officer, board, commission,
council, or other person or body acting on behalf of any public
body governed by this chapter, or any subdivision of such public
body. For the purposes of this section, the public employer of
district court or superior court employees for wage-related
matters is the respective county legislative authority, or person
or body acting on behalf of the legislative authority, and the
public employer for nonwage-related matters is the judge or
judge's designee of the respective district court or superior
court.
(2) "Public employee" means any employee of a public
employer except any person (a) elected by popular vote, or (b)
appointed to office pursuant to statute, ordinance or resolution
for a specified term of office as a member of a multimember
board, commission, or committee, whether appointed by the
executive head or body of the public employer, or (c) whose
duties as deputy, administrative assistant or secretary
necessarily imply a confidential relationship to (i) the
executive head or body of the applicable bargaining unit, or (ii)
any person elected by popular vote, or (iii) any person appointed
to office pursuant to statute, ordinance or resolution for a
specified term of office as a member of a multimember board,
commission, or committee, whether appointed by the executive head
or body of the public employer, or (d) who is a court
commissioner or a court magistrate of superior court, district
court, or a department of a district court organized under
chapter 3.46 RCW, or (e) who is a personal assistant to a
district court judge, superior court judge, or court
commissioner. For the purpose of (e) of this subsection, no more
than one assistant for each judge or commissioner may be excluded
from a bargaining unit.
(3) "Bargaining representative" means any lawful
organization which has as one of its primary purposes the
representation of employees in their employment relations with
employers.
(4) "Collective bargaining" means the performance of the
mutual obligations of the public employer and the exclusive
bargaining representative to meet at reasonable times, to confer
and negotiate in good faith, and to execute a written agreement
with respect to grievance procedures and collective negotiations
on personnel matters, including wages, hours and working
conditions, which may be peculiar to an appropriate bargaining
unit of such public employer, except that by such obligation
neither party shall be compelled to agree to a proposal or be
required to make a concession unless otherwise provided in this
chapter.
(5) "Commission" means the public employment relations
commission.
(6) "Executive director" means the executive director of the
commission.
(7) "Uniformed personnel" means: (a) Law enforcement
officers as defined in RCW 41.26.030 employed by the governing
body of any city or town with a population of two thousand five
hundred or more and law enforcement officers employed by the
governing body of any county with a population of ten thousand or
more; (b) correctional employees who are uniformed and
nonuniformed, commissioned and noncommissioned security personnel
employed in a jail as defined in *RCW 70.48.020(5), by a county
with a population of seventy thousand or more, and who are
trained for and charged with the responsibility of controlling
and maintaining custody of inmates in the jail and safeguarding
inmates from other inmates; (c) general authority Washington
peace officers as defined in RCW 10.93.020 employed by a port
district in a county with a population of one million or more;
(d) security forces established under RCW 43.52.520; (e)
firefighters as that term is defined in RCW 41.26.030; (f)
employees of a port district in a county with a population of one
million or more whose duties include crash fire rescue or other
firefighting duties; (g) employees of fire departments of public
employers who dispatch exclusively either fire or emergency
medical services, or both; or (h) employees in the several
classes of advanced life support technicians, as defined in RCW 18.71.200, who are employed by a public employer.
(8) "Institution of higher education" means the University
of Washington, Washington State University, Central Washington
University, Eastern Washington University, Western Washington
University, The Evergreen State College, and the various state
community colleges.
(9) "Home care quality authority" means the authority under
chapter 74.39A RCW.
(10) "Individual provider" means an individual provider as
defined in RCW 74.39A.240(4) who, solely for the purposes of
collective bargaining, is a public employee as provided in RCW 74.39A.270.
(11) "Child care subsidy" means a payment from the state
through a child care subsidy program established pursuant to RCW 74.12.340 or 74.08A.340, 45 C.F.R. Sec. 98.1 through 98.17, or
any successor program.
(12) "Family child care provider" means a person who: (a)
Provides regularly scheduled care for a child or children in the
home of the provider or in the home of the child or children for
periods of less than twenty-four hours or, if necessary due to
the nature of the parent's work, for periods equal to or greater
than twenty-four hours; (b) receives child care subsidies; and
(c) is either licensed by the state under RCW 74.15.030 or is
exempt from licensing under chapter 74.15 RCW.
(13) "Adult family home provider" means a provider as
defined in RCW 70.128.010 who receives payments from the medicaid
and state-funded long-term care programs.
[2007 c 184 § 2; 2006 c 54 § 2; 2004 c 3 § 6; 2002 c 99 § 2. Prior: 2000 c 23 § 1; 2000 c 19 § 1; 1999 c 217 § 2; 1995 c 273 § 1; prior: 1993 c 398 § 1; 1993 c 397 § 1; 1993 c 379 § 302; 1992 c 36 § 2; 1991 c 363 § 119; 1989 c 275 § 2; 1987 c 135 § 2; 1984 c 150 § 1; 1975 1st ex.s. c 296 § 15; 1973 c 131 § 2; 1967 ex.s. c 108 § 3.]
NOTES:
*Reviser's note: RCW 70.48.020 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (5) to subsection (9).
Part headings not law -- Severability -- Conflict with federal requirements -- 2007 c 184: See notes following RCW 41.56.029.
Severability -- Effective date -- 2004 c 3: See notes following RCW 74.39A.270.
Effective date -- 1995 c 273: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [1995 c 273 § 5.]
Effective dates -- 1993 c 398: "(1) Sections 3 and 5 of this
act shall take effect July 1, 1995.
(2) Sections 1, 2, 4, and 6 of this act are necessary for
the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing
public institutions, and shall take effect immediately [May 15,
1993]." [1993 c 398 § 7.]
Intent -- Severability -- Effective date -- 1993 c 379: See notes following RCW 28B.10.029.
Purpose -- Captions not law -- 1991 c 363: See notes following RCW 2.32.180.
Severability -- 1987 c 135: See note following RCW 41.56.020.
Effective date -- 1984 c 150: "This act shall take effect on July 1, 1985." [1984 c 150 § 2.]
Effective date -- 1975 1st ex.s. c 296: See RCW 41.58.901.
Construction -- Severability -- 1973 c 131: See RCW 41.56.905, 41.56.910.
Public employment relations commission: Chapter 41.58 RCW.