As used in this chapter, unless
the context otherwise requires, the definitions in this section
shall apply.
(1) "Collective bargaining representative" means the persons
designated by the governor and employee organizations to be the
exclusive representatives during collective bargaining
negotiations.
(2) "Commission" means the marine employees' commission
created in RCW 47.64.280.
(3) "Department of transportation" means the department as
defined in RCW 47.01.021.
(4) "Employer" means the state of Washington.
(5) "Ferry employee" means any employee of the marine
transportation division of the department of transportation who
is a member of a collective bargaining unit represented by a
ferry employee organization and does not include an exempt
employee pursuant to RCW 41.06.079.
(6) "Ferry employee organization" means any labor
organization recognized to represent a collective bargaining unit
of ferry employees.
(7) "Lockout" means the refusal of the employer to furnish
work to ferry employees in an effort to get ferry employee
organizations to make concessions during collective bargaining,
grievance, or other labor relation negotiations. Curtailment of
employment of ferry employees due to lack of work resulting from
a strike or work stoppage shall not be considered a lockout.
(8) "Office of financial management" means the office as
created in RCW 43.41.050.
(9) "Strike or work stoppage" means a ferry employee's
refusal, in concerted action with others, to report to duty, or
his or her willful absence from his or her position, or his or
her stoppage or slowdown of work, or his or her abstinence in
whole or in part from the full, faithful, and proper performance
of the duties of employment, for the purpose of inducing,
influencing, or coercing a change in conditions, compensation,
rights, privileges, or obligations of his, her, or any other
ferry employee's employment. A refusal, in good faith, to work
under conditions which pose an endangerment to the health and
safety of ferry employees or the public, as determined by the
master of the vessel, shall not be considered a strike for the
purposes of this chapter.
[2006 c 164 § 1; 1983 c 15 § 2.]
NOTES:
Prospective application--Savings -- 2006 c 164: "(1) This act
applies prospectively only and not retroactively. It applies to
collective bargaining agreements, the negotiations of collective
bargaining agreements, mediations, arbitrations, and other
actions under this act that arise or are commenced on or after
March 21, 2006.
(2) This act does not apply to collective bargaining
agreements, either in effect or for which the negotiations have
begun, or mediations and arbitrations that arose or commenced
under *this chapter before March 21, 2006. Such collective
bargaining agreements and related proceedings must be
administered in accordance with the authorities, rules, and
procedures that were established under *this chapter as it
existed before March 21, 2006. The repealers in section 19 of
this act do not affect any existing right acquired, or liability
or obligation incurred, under the statutes repealed or under any
rule or order adopted under those statutes, nor do they affect
any proceeding instituted under them." [2006 c 164 § 16.]
*Reviser's note: The term "this chapter" apparently refers to chapter 47.64 RCW.
Effective dates -- 2006 c 164: "Except for section 10 of this act which takes effect July 1, 2006, 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 takes effect immediately [March 21, 2006]." [2006 c 164 § 21.]