Presumptive Disease for Firefighters (ESHB 1833)

ESHB 1833 was amended on the House floor and passed the House on March 13 on an 83-12 vote.

As amended, the bill:

Narrows the intent language in Section 1;
Drops the change in the evidence standard from "clear, cogent and convincing" evidence to the current "preponderance of the evidence" standard;
Limits the presumption for heart problems due to "exposure to strenuous physical exertion" to those occurring within 24 hours of performing "firefighting activities;"
Eliminates stomach cancer from the list of cancers that would be presumed to be occupational illnesses for firefighters, substitutes colorectal cancer for intestinal cancer, and limits prostate cancer to that which is diagnosed prior to age 50;
Clarifies language regarding when employers and L & I are responsible for attorneys fees and other costs of an appeal;
Requires payment of time loss and medical aid benefits during an appeal if the firefighter is terminally ill.

Although we are very pleased the bill no longer includes the "clear, cogent and convincing" evidence standard to rebut the presumption, we still believe it is too broad and will work to further narrow the scope of the bill. The bill has not yet been scheduled for a hearing before the Senate Labor, Commerce, Research & Development Committee.

Family and Medical Leave Insurance (E2SSB 5659)

This legislation would require all employees to pay a two-cent per hour premium for an insurance benefit that would pay $250 a week for up to five weeks of family leave, even if they already have a generous leave program or never use the benefit.

Just hours before the deadline for bills to pass out of the first house, the Senate passed E2SSB 5659 on a 32-17 vote. The bill was amended on the floor of the Senate to:

Delay the date the first benefits under the program would be payable to October 1, 2009;
Remove the language that would have granted the insurance benefit for an employee’s own serious health condition;
Remove specific references to domestic partners in favor of "a person involved in a legal relationship governed by Title 26 RCW." (SSB 5536, which has passed the Senate, would add domestic partnerships to Title 26 RCW).
Specify that employers of 25 or fewer employees do not have to comply with the requirement that an individual be restored to his or her job position after taking family or medical leave; and
Provide a credit of $1,200 per year against the premiums required by the act for any employer with fifty or fewer employees that hires a worker to replace an employee who has taken family or medical leave.

While the bill is improved, we remain opposed to it because of potential conflicts and overlaps with federal and state law and local leave policies. The House Commerce and Labor Committee will hold a hearing on E2SSB 5659 at 1:30 pm on Tuesday, March 20.

Definition of Disability (SHB 1322, SSB 5340)

SSB 5340 will be heard by the House Judiciary Committee at 1:30 pm on Wednesday, January 21. AWC opposes this legislation, which significantly expands the definition of disability in the Washington Law Against Discrimination. The proposed definition is so broad that it provides little guidance and will cause extreme uncertainty for employers trying to comply with the law. SHB 1322 has not yet been scheduled for a hearing.

Six-Year Collective Bargaining Agreements (ESB 5251)

The House Commerce and Labor Committee held a public hearing on ESB 5251 on March 15. This bill allows local governments and their employees to agree to contract terms of up to six years, instead of the current three-year maximum term. No one testified against this proposal and we are hopeful the Committee will advance the bill to the Rules Committee soon.

Retirement at Earlier Ages (HB 1199)

HB 1199 did not pass the House by the March 14 deadline. This bill would have allowed members of PERS 2 and 3 and plans 2 and 3 of the teachers’ and school employees’ retirement systems to retire with an unreduced retirement benefit if:

They were at least age 55;
They met the vesting requirements of their plan; and
The sum of their age and years of service equaled 85 or more.

Although technically alive because it could be deemed necessary to implement the budget, this bill is not expected to pass given its hefty price tag. It would add another 2.37% to the PERS 2 member and PERS employer contribution rates, costing employers more than $3 billion over the next 25 years.

Certifying Unions Without an Election (SSB 5772/SHB 1913)

These bills, which would have lowered the threshold for certifying a union by signed authorization cards (rather than through an election) from 70% to a simple majority, did not pass out of their respective houses by the March 14 deadline and are considered dead for the session. Two helpful bills dealing with public disclosure of labor relations information, HB 2326 and SHB 2348, are also dead for the session.

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