Section 44.90.090 - Items not subject to bargaining-Conflict between legislative policies and collective bargaining agreement(1) Except as otherwise provided in this chapter, the matters subject to bargaining include wages, hours, terms and conditions of employment, and the negotiation of any question arising under a collective bargaining agreement.(2) The employer shall not bargain over rights of management which, in addition to all powers, duties, and rights established by constitutional provision or statute, shall include, but not be limited to, the following: (a) Any item listed in section 4(1) of this act;(b) The functions and programs of the employer, the use of technology, and the structure of the organization, including the size and composition of standing committees;(c) The employer's budget and the size of the employer's workforce, including determining the financial basis for layoffs;(d) The right to direct and supervise employees;(e) The hours of work during legislative session and committee assembly days, and the hours of work during the 60 calendar days before the first day of legislative session and during the 20 calendar days after the last day of legislative session. This subsection (2)(e) does not prohibit bargaining over hours of work during any other period and bargaining over compensation for hours of work in excess of a 40-hour workweek, except that bargaining over hours of work during periods not otherwise prohibited and compensation for hours worked in excess of a 40-hour workweek may only occur for agreements that take effect after July 1, 2027; (f) The cutoff calendar for a legislative session;(g) The employer's authority to: (i) Lay off employees when there has been a change to the number of members in, or the makeup of, a caucus due to an election or appointment that necessitates a change in the number of staff; (ii) lay off an employee following an election, appointment, or resignation of a legislator; and (iii) terminate an employee for engaging in partisan activities that are incompatible with the employee's job duties or position;(h) Health care benefits and other employee insurance benefits. The amount paid by a legislative employee for health care premiums must be the same as that paid by a represented state employee covered by RCW 41.80.020(3);(i) The right to take whatever actions are deemed necessary to carry out the mission of the legislature and its agencies during emergencies; and(j) Retirement plans and retirement benefits.(3) Except for an applicable code of conduct policy adopted by a chamber of the legislature or a legislative agency, if a conflict exists between policies adopted by the legislature relating to wages, hours, and terms and conditions of employment and a provision of a collective bargaining agreement negotiated under this chapter, the collective bargaining agreement shall prevail. A provision of a collective bargaining agreement that conflicts with a statute or an applicable term of a code of conduct policy adopted by a chamber of the legislature or a legislative agency is invalid and unenforceable.Amended by 2024 c 333,§ 13, eff. 5/1/2024.Added by 2022 c 283,§ 9, eff. 5/1/2024.