What is collective bargaining?

Collective bargaining is the performance of the mutual obligation of the representative of the employer and the exclusive bargaining representative of a group of employees, to meet at reasonable times and to bargain in good faith in an effort to reach agreement with respect to wages, hours and working conditions and culminating in a written agreement known as a collective bargaining agreement (CBA).  The obligation does not compel either party to agree to a proposal or to make a concession.

Who manages collective bargaining?

OFM manages the collective bargaining process on behalf of the Governor with union-represented state employees. Every two years the State negotiates with unions to modify and reach new collective bargaining agreements.

What allows collective bargaining for state employees?

Historically, union-represented state employees in general government or higher education institutions bargained with their employing agencies in more than 100 bargaining units across state government.

Under the Personnel System Reform Act of 2002, the state, not individual agencies, negotiates collective bargaining agreements with employee labor unions. A collective bargaining agreement applies to all agencies with employees who are in bargaining units represented by the same union. The governing board of each higher education institution may negotiate its own contract or may choose to have OFM conduct negotiations on its behalf.  Most community colleges elect to have OFM negotiate on their behalf. Subsequent legislation passed granting collective bargaining to publicly funded service providers who are not state employees, such as adult family home providers, language access providers and family child care providers.

There are several statutes granting collective bargaining rights to different groups:

State Employees

• General government and higher education employees, as provided by RCW 41.80
• Washington state ferries employees, as provided by RCW 47.64
• Commissioned law enforcement officers of the Washington State Patrol and the Department of Fish and Wildlife as provided by RCW 41.56

Non-State Employees

• Adult family home providers, as provided by RCW 41.56
• Child care providers, as provided by RCW 41.56
• Language access providers, as provided by RCW 41.56

What issues do unions and management negotiate?

During labor negotiations with unions representing state employees, the focus is on issues that matter to all employees—wages, hours and other terms and conditions of employment, health benefit costs, and methods for resolving disputes.

Adult family home, family child care and language access providers are publicly funded service providers and are not state employees. The legislature has conferred the right to bargain through statute, as such, they are only considered state employees for the narrow purposes of collective bargaining. Individuals covered under the non-state employee agreements are business owners and independent contractors. The scope of labor negotiations is defined in RCW 41.56 and is limited to economic compensation such as the rate of subsidy and tiered reimbursement, health and welfare benefits, professional development, training and grievance procedures.

For more information

FAQ: Collective Bargaining for State Employees [PDF]