(1) Except as otherwise provided in this chapter, the
employer and ferry system employee organizations, through their
collective bargaining representatives, shall meet at reasonable
times to negotiate in good faith with respect to wages, hours,
working conditions, and insurance, and other matters mutually
agreed upon. Employer funded retirement benefits shall be
provided under the public employees retirement system under
chapter 41.40 RCW and shall not be included in the scope of
collective bargaining. Except as provided under RCW 47.64.270,
the employer is not required to bargain over health care
benefits. Any retirement system or retirement benefits shall not
be subject to collective bargaining.
(2) Upon ratification of bargaining agreements, ferry
employees are entitled to an amount equivalent to the interest
earned on retroactive compensation increases. For purposes of
this section, the interest earned on retroactive compensation
increases is the same monthly rate of interest that was earned on
the amount of the compensation increases while held in the state
treasury. The interest will be computed for each employee until
the date the retroactive compensation is paid, and must be
allocated in accordance with appropriation authority. The
interest earned on retroactive compensation is not considered
part of the ongoing compensation obligation of the state and is
not compensation earnable for the purposes of chapter 41.40 RCW.
Negotiations shall also include grievance procedures for
resolving any questions arising under the agreement, which shall
be embodied in a written agreement and signed by the parties.
(3) The employer shall not bargain over the rights of
management as identified in RCW 41.80.040.
(4) A collective bargaining agreement may not contain any
provision that extends the term of an existing collective
bargaining agreement or applicability of items incompatible with
this section in an existing collective bargaining agreement.
(5) Except as otherwise provided in this chapter, if a
conflict exists between an executive order, administrative rule,
or agency policy relating to wages, hours, and terms and
conditions of employment and a collective bargaining agreement
negotiated under this chapter, the collective bargaining
agreement shall prevail. A provision of a collective bargaining
agreement that conflicts with the terms of a statute is invalid
and unenforceable.
[2011 1st sp.s. c 16 § 7; 2010 c 283 § 10; 2006 c 164 § 3; 1997 c 436 § 1; 1983 c 15 § 3.]
NOTES:
Effective date -- 2011 1st sp.s. c 16 §§ 1-15: See note following RCW 47.60.530.
Findings -- Intent -- Effective date -- 2010 c 283: See notes following RCW 47.60.355.
Prospective application -- Savings -- Effective dates -- 2006 c 164: See notes following RCW 47.64.011.