When the state system of
community and technical colleges assumes administrative control
of the vocational-technical institutes, personnel employed by the
vocational-technical institutes shall:
(1) Suffer no reduction in compensation, benefits,
seniority, or employment status. After September 1, 1991,
classified employees shall continue to be covered by chapter 41.56 RCW and faculty members and administrators shall be covered
by chapter 28B.50 RCW;
(2) To the extent applicable to faculty members, any faculty
currently employed on a "continuing contract" basis under RCW 28A.405.210 be awarded tenure pursuant to RCW 28B.50.851 through 28B.50.873, except for any faculty members who are provisional
employees under RCW 28A.405.220;
(3) Be eligible to participate in the health care and other
insurance plans provided by the health care authority and the
public employees' benefits board pursuant to chapter 41.05 RCW;
(4) Be eligible to participate in old age annuities or
retirement income plans under the rules of the state board for
community and technical colleges pursuant to RCW 28B.10.400 or
the teachers' retirement system plan 1 for personnel employed
before July 1, 1977, or plan 2 for personnel employed after July
1, 1977, under chapter 41.32 RCW; however, no affected
vocational-technical institute employee shall be required to
choose from among any available retirement plan options prior to
six months after September 1, 1991;
(5) Have transferred to their new administrative college
district all accrued sick and vacation leave and thereafter shall
earn and use all such leave under the rule established pursuant
to RCW 28B.50.551;
(6) Be eligible to participate in the deferred compensation
plan and programs pursuant to RCW 41.05.123, 41.05.300 through41.05.360
, and 41.05.295 under the applicable rules.
An exclusive bargaining representative certified to
represent a bargaining unit covering employees of a vocational
technical institute on September 1, 1991, shall remain the
exclusive representative of such employees thereafter until and
unless such representative is replaced or decertified in
accordance with state law.
Any collective bargaining agreement in effect on June 30,
1991, shall remain in effect as it applies to employees of
vocational technical institutes until its expiration or renewal
date or until renegotiated or renewed in accordance with chapter 28B.52 or 41.56 RCW. After the expiration date of a collective
bargaining agreement, all of the terms and conditions specified
in the collective bargaining agreement, as it applies to
employees of vocational-technical institutes, shall remain in
effect until the effective date of a subsequent agreement, not to
exceed one year from the termination date stated in the
agreement. The board of trustees and the employees may mutually
agree to continue the terms and conditions of the agreement
beyond the one year extension. However, nothing in this section
shall be construed to deny any employee right granted under
chapter 28B.52 or 41.56 RCW. Labor relations processes and
agreements covering faculty members of vocational technical
institutes after September 1, 1991, shall be governed by chapter 28B.52 RCW. Labor relations processes and agreements covering
classified employees of vocational technical institutes after
September 1, 1991, shall continue to be governed by chapter 41.56 RCW.
[2008 c 229 § 11; 1998 c 116 § 14; 1991 c 238 § 83.]
NOTES:
Effective date -- 2008 c 229: See note following RCW 41.05.295.