Law does allow governor or Legislature to reopen state labor contracts unilaterally
Governor can force return to bargaining table without legislative or union consent
March 1, 2010
OLYMPIA…Sen. Joseph Zarelli responded today to an indication by Gov. Christine Gregoire that she is prepared to reopen the state’s collective bargaining agreements, a move Zarelli has suggested repeatedly as a way to make adjustments to state spending. Zarelli, R-Ridgefield and budget leader for Senate Republicans, offered this statement containing his interpretation of the applicable state law (RCW 41.80.010):
“The governor today gave the impression she is prepared to reopen the state’s collective bargaining agreements to look at the benefits covered in those agreements – the 88-12 split of health care costs between the state and its employees, respectively, as well as deductibles, co-pays and so on. Her words are encouraging, if for no other reason than the shortfall of more than 200 million dollars in the state-employee health care system. That deficit, which recently prompted strong words from the state insurance commissioner, must be addressed.
“State law clearly gives the governor the authority to order unions back to the bargaining table. All she must do is issue a proclamation. The Legislature has the same authority. Nothing in the law requires the governor and the Legislature to agree on such a move ahead of time. It also does not matter if the unions do not want to reopen the contracts, legally speaking.
“I am concerned by the governor’s assertion today that she needs a ‘path forward’ from the Legislature before taking such action, and the idea that it ‘takes two’ to reopen the contracts. Her proclamation, or a resolution from the Legislature, would represent the first step on the path forward. No one else’s consent is required to initiate bargaining toward a modified contract. She already has all the authority she needs from the law.
“The governor’s words are timely because also today, the House majority proposed 760 million dollars in new taxes to balance the budget. That’s less than the 825 million dollars in taxes she proposed and the billion-dollar tax hike proposed by the Senate majority, but clearly, huge tax increases are on the way. As it stands now, people who don’t have jobs would be taxed more so those who still are employed can have more. People who don’t have health care would pay more taxes to preserve generous state-employee health care benefits. Are those the ‘Washington values’ of which the governor and the majority party speak? I believe it is possible to value the work our state employees do and still suggest reopening the contracts to look at wage and benefit adjustments. As the governor has said, everyone has to share in the solution.
“The governor would sign any modified contracts, not the Legislature, and it’s her labor office that does the negotiating, not lawmakers, so a proclamation from her to reopen contract talks makes more sense.
“I understand she might be reluctant to force labor unions to a place they don’t want to go; they have a lot of clout in Olympia, as anyone who looks at some of the bills before us this session can see. But the governor has the law on her side. The question is whether she has the will.”
RCW 41.80.010 (6) reads:
“If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.”
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For more information contact Eric Campbell at (360) 786-7503 or campbell.eric@leg.wa.gov.