Presumptive Disease for Firefighters (SHB 1833/SB 5741)

SHB 1833 passed out of the House Commerce and Labor Committee and is now in the House Rules Committee. The Senate bill, SB 5741, did not pass out of the policy committee in the Senate and is dead for the session.

These bills would further expand the diseases and conditions that would be presumed to be occupational illnesses for firefighters, entitling them to workers’ compensation benefits, unless rebutted by "clear, cogent and convincing" evidence.

We remain opposed to SHB 1833 as it passed out of committee. We had a productive meeting on Wednesday, February 28 with representatives from the Department of Labor & Industries (L & I), the Washington Council of Firefighters, the Washington Self-Insurers Association and the Washington Fire Commissioners Association, and all parties were receptive to considering changes to the bill. More meetings will be scheduled and we will be keep you posted.

Family and Medical Leave Insurance (SHB 1658, SSB 5659)

Substitute versions of these bills passed out of the policy committees and were referred to the fiscal committees in their respective houses. If they do not pass out of the fiscal committees by Monday, March 5, they will be considered dead for the session.

This legislation would create a family and medical leave insurance program, administered by L & I, with benefits of $250 per week for up to five weeks. Employers would be required to pay the premiums (two cents per hour worked for each employee) and could retain the premiums from employee earnings.

Please share your concerns about these bills with your legislators, particularly if they serve on the House Appropriations Committee or the Senate Ways & Means Committee. We will let you know in next week’s Bulletin if either one of these bills remains alive.

Definition of Disability (SHB 1322/SSB 5340)

SSB 5340 passed out of the Senate Judiciary Committee on February 27 and was sent directly to the Rules Committee. SHB 1322 passed out of the House Judiciary Committee on February 13 and was referred to the Appropriations Committee, where it remains.

Please contact your legislators urging them not to support this legislation, which significantly expands the definition of disability in the Washington Law Against Discrimination to encompass any impairment, temporary or permanent, that is medically cognizable or diagnosable, regardless of whether the impairment has any impact on the individual’s work or life.

If you have questions about this legislation, please contact Deanna Krell, deannak@awcnet.org.

AWC Priority
PERS Gain-Sharing (HB 1771/SB 5779)

The Governor’s gain-sharing bills, which eliminate gain-sharing after one additional disbursement and make other pension benefit changes, have not yet had hearings and remain in their respective fiscal committees. Because this issue will be deemed necessary to implement the budget, it is exempt from the March 5 cutoff date for legislation to pass out of one of the fiscal committees.

For an overview of the Governor’s proposal and other gain-sharing legislation, see AWC’s gain-sharing fact sheet at www.awcnet.org/documents/PERSGainSharingFactSheet0207.pdf.

Local Government Contracts for Correctional Industries Services (SHB 1762)

SHB 1762 passed out of the House Local Government Committee on February 23 and was referred to the Appropriations Committee. This bill would prohibit local governments from contracting for inmate labor with the Correctional Industries division of the State Department of Corrections if doing so would result in the termination of public employees or positions.

Collective Bargaining Legislation

Three helpful collective bargaining bills and one problematic one are moving through the legislative process.

HB 2326 creates a public disclosure exemption for records from any public employee collective bargaining, labor negotiations, or grievance or mediation that would reveal strategies or positions taken by any employer or labor organization during those proceedings.

Similarly,SHB 2348 amends state collective bargaining law to make clear that records of mediations and evidence submitted as a showing of interest in support of any representation petition are confidential and privileged and not subject to public disclosure.

These bills are currently in the House Rules Committee.

SB 5251, which allows local governments and their employees to agree to contract terms of up to six years instead of the current three-year limitation, could be acted on by the Senate at any time.

SSB 5772, however, would change the way the Public Employment Relations Commission (PERC) conducts card-checks as a method of certifying a union for purposes of collective bargaining. Currently, an election is not needed if there are signed authorization cards representing more than 70% of a bargaining unit. This bill would lower that threshold to a simple majority (more than 50%) of employees.

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