Washington § 41.80.040 - Management rights and retirement plans and benefits — Not subject to bargaining.

(1) 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) The functions and programs of the employer, the use of technology, and the structure of the organization;

(b) The employer's budget, which includes for purposes of any negotiations conducted during the 2019-2021 fiscal biennium any specification of the funds or accounts that must be appropriated by the legislature to fulfill the terms of an agreement, and the size of the agency workforce, including determining the financial basis for layoffs;

(c) The right to direct and supervise employees;

(d) The right to take whatever actions are deemed necessary to carry out the mission of the state and its agencies during emergencies; and

(e) Except for bargaining over supplemental retirement benefits for department of corrections employees as required under subsection (2) of this section, retirement plans and retirement benefits.

(2)(a) For department of corrections employees, subsection (1)(e) of this section does not prevent the employer from bargaining over contributions for supplemental retirement benefits, including medical plans, administered by, or on behalf of, an employee organization that represents department of corrections employees.

(b) Notwithstanding any other provision of this chapter, contributions for supplemental retirement benefits for department of corrections employees covered under (a) of this subsection are a mandatory subject of bargaining, but are excluded from interest arbitration as an impasse procedure under RCW 41.80.200.

Effective date—2020 c 357: See note following RCW 43.79.545.