STATE EMPLOYEES - PUBLIC EMPLOYEES - EMPLOYERS AND EMPLOYEES - LABOR - COLLECTIVE BARGAINING
Circumstances in which a state employee may exercise a right of non-association with a labor union 1. State employees may exercise their right of nonassociation with a labor union under RCW 41.80.100(2) based upon strongly held private religious objections to union membership, even if the objections are not based on the teachings of an established church or religious body. If there is a dispute between an employee and a union concerning the exercise of the right of nonassociation under RCW 41.80.100(2), the matter is resolved by the Public Employment Relations Commission. 3.State employees are not required to use a payroll deduction system to pay the union fees and dues set forth in RCW 41.80.100, but they may pay separately by personal check or other method so long as they make timely payments in the correct amount.
CIVIL SERVICE - CONTRACTS - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - EMPLOYERS AND EMPLOYEES
CIVIL SERVICE--CONTRACTS--DEPARTMENT OF SOCIAL AND HEALTH SERVICES--EMPLOYERS AND EMPLOYEES 1. RCW 71A.12.110 empowers the Secretary of the Department of Social and Health Services to enter into agreements to pay the contracting party to perform services that the Secretary is authorized to provide under Title 71A RCW. 2. The Secretary's discretion to contract out, granted by RCW 71A.12.110, may be limited by negotiated collective bargaining agreements entered into pursuant to RCW 41.06.150(13).
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - COUNTIES - DISTRICTS - EMPLOYERS AND EMPLOYEES - MEDICAL BENEFITS - SELF-FUNDING OF EMPLOYEE HEALTH BENEFITS BY LOCAL GOVERNMENT
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- COUNTIES ‑- DISTRICTS ‑- EMPLOYERS AND EMPLOYEES ‑- MEDICAL BENEFITS ‑- SELF-FUNDING OF EMPLOYEE HEALTH BENEFITS BY LOCAL GOVERNMENT Charter counties, charter cities, code cities and municipal corporations, in the exercise of proprietary functions, have broad legislative power that empowers them to self-fund their employee health and welfare benefits. Other municipal corporations have only the powers expressly granted by the Legislature or necessarily or fairly implied in or incident to the powers expressly granted. These municipal corporations do not have the authority to self-fund their employees' health and welfare benefits.
WATER DISTRICT COMMISSIONERS - OFFICES AND OFFICERS - EMPLOYERS AND EMPLOYEES - CONFLICT OF INTEREST - CONTRACTS
Applicability of Code of Ethics for Municipal Officers to Water District Commissioner and Part-time Employee 1. A water district commissioner is a municipal officer subject to the Code of Ethics for Municipal Officers, chapter 42.23 RCW. Under RCW 42.23.030 a water district commissioner cannot have a beneficial interest in a contract with the district where the water district's total liability exceeds $750 in any calendar month. 2. A part-time employee, operating under the control of a board of water commissioners is not a municipal officer subject to the Code of Ethics for Municipal Officers. Thus, the restrictions in RCW 42.23.030 do not apply to the part-time employee.
SCHOOLS - DISTRICTS - EMPLOYERS AND EMPLOYEES - TEACHERS - SICK LEAVE - FAMILY LEAVE
Ability of a School District Board of Directors to Grant Family Leave 1. RCW 28A.400.300 requires school districts to grant employees a minimum of 10 days per year of leave for illness, injury, and emergencies. The maximum leave that can be accrued for this purpose is 12 days per year. Within this minimum and maximum a school district board of directors can define how such leave is to be used. If the board defines leave for illness, injury, and emergencies so that it only applies to the employee's illness, injury, and emergencies, then the board has the authority to authorize employee leave beyond the 12-day limit to care for sick family members. 2. RCW 49.12.270 requires employers to permit employees to use sick leave to care for their sick children. RCW 49.12.270 does not limit the ability of a school district board of directors to allow family leave to care for sick family members beyond the 12-day limit for leave for illness, injury, and emergencies.
STATE INVESTMENT BOARD - EMPLOYERS AND EMPLOYEES - OFFICES AND OFFICERS - TREASURER - LEGISLATORS - CONFLICT OF INTEREST
Applicability of Executive Conflict of Interest Act to elected officials who are members of the State Investment Board Membership in the State Investment Board includes the State Treasurer and one member each of the House of Representatives and the Senate. Members of the Board are subject to the Executive Conflict of Interest Act, chapter 42.18 RCW. Although the Act does not apply to elected state officers and legislators when they are acting in their capacity as elected officials, these elected officials are subject to the Act when they are acting in their capacity as a member of the Board.
COLLEGES AND UNIVERSITIES - CONTRACTS - CORPORATIONS - EMPLOYERS AND EMPLOYEES - SALARIES AND WAGES - GIFTS - INVESTMENTS
Relationship between universities and nonprofit organizations that engage in fund-raising activities for them 1. Institutions of higher education have the authority to enter into contracts deemed essential to the institution and to accept and solicit gifts. If there is consideration flowing to the institution, it has the authority to provide goods and services to a private nonprofit organization, including the use of institution employees to solicit gifts, in exchange for fund-raising and other assistance from the organization. 2. The statute of frauds, RCW 19.36.010, provides that any agreement not to be performed in one year from the making thereof shall be void. Thus, any agreement between an institution of higher education and a nonprofit organization should be in writing if it is not to be performed in one year.
PUBLIC FUNDS - SCHOOLS - RELIGION - EMPLOYERS AND EMPLOYEES
Constitutionality of proposed legislation providing background checks for private school employees at public expense 1. It would not be a gift of public funds or lending of state credit to require fingerprint-background checks of current employees of private schools, and to appropriate state funds to pay for such checks. 2. A proposed bill which would appropriate state funds to pay for fingerprint-background checks on all employees of private schools would not, as written, violate the state constitutional prohibitions against applying public funds or property in support of religion.
LABOR - EMPLOYERS AND EMPLOYEES
COMPENSATING TIME IN LIEU OF OVERTIME Under RCW 49.46.130(1) an employer is not required to grant all employee requests for compensating time off in lieu of overtime pay; if, however, an employer denies any such requests it will then be obligated to pay for the overtime involved on a time and one‑half basis as required by the statute; the "time and one‑half" requirement of RCW 49.46.130(1), however, only pertains to overtime pay itself and not, in addition, to comp time requested by an employee and granted by an employer in its discretion instead.
TORT LIABILITY - EMERGENCIES - VOLUNTEERS - EMPLOYERS AND EMPLOYEES
Immunity From Liability For Acts Of Covered Volunteer Emergency Workers
An organization that sponsors a team of its members to act as covered
volunteer emergency workers is immune from liability under RCW
38.52.180(3)(d) or (f) only if the organization is the employer of the
covered volunteer emergency workers or is a local organization (created
by a county, city, or town) that registered the covered volunteer