reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.045 - Employee authorization of membership dues and other payments—Revocation.

RCW 41.76.045
Employee authorization of membership dues and other payments—Revocation.
(1)(a) Upon authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(b) An employee's written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee's salary must be made by the employee to the exclusive bargaining representative. If the employer receives a request for authorization of deductions, the employer shall as soon as practicable forward the request to the exclusive bargaining representative.
(c) Upon receiving notice of the employee's authorization from the exclusive bargaining representative, the employer shall deduct from the employee's salary membership dues and remit the amounts to the exclusive bargaining representative.
(d) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.
(e) An employee's request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the exclusive bargaining representative in accordance with the terms and conditions of the authorization.
(f) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction no later than the second payroll after receipt of the confirmation.
(g) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.
(2) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that includes requirements for deductions of other payments, the employer must make such deductions upon authorization of the employee.
[ 2019 c 230 § 14; 2018 c 247 § 4; 2002 c 356 § 12.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.050 - Unfair labor practices.

RCW 41.76.050
Unfair labor practices.
(1) It is an unfair labor practice for an employer to:
(a) Interfere with, restrain, or coerce faculty members in the exercise of the rights guaranteed by this chapter;
(b) Dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it: PROVIDED, That subject to rules adopted by the commission, an employer is not prohibited from permitting faculty members to confer with it or its representatives or agents during working hours without loss of time or pay;
(c) Encourage or discourage membership in any employee organization by discrimination in regard to hire, tenure of employment, or any term or condition of employment;
(d) Discharge or discriminate otherwise against a faculty member because that faculty member has filed charges or given testimony under this chapter;
(e) Refuse to bargain collectively with the exclusive bargaining representative of its faculty.
(2) It is an unfair labor practice for an employee organization to:
(a) Restrain or coerce a faculty member in the exercise of the rights guaranteed by this chapter: PROVIDED, That this subsection does not impair the rights of (i) an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization or (ii) to the rights of an employer in the selection of its representatives for the purpose of bargaining or the adjustment of grievances;
(b) Cause or attempt to cause an employer to discriminate against a faculty member in violation of subsection (1)(c) of this section;
(c) Discriminate against a faculty member because that faculty member has filed charges or given testimony under this chapter;
(d) Refuse to bargain collectively with an employer.
(3) The expressing of any view, arguments, or opinion, or the dissemination thereof to the public, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit.
[ 2002 c 356 § 13.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.055 - Commission to prevent unfair labor practices—Scope—Remedies.

RCW 41.76.055
Commission to prevent unfair labor practices—Scope—Remedies.
(1) The commission is empowered to prevent any person from engaging in any unfair labor practice as defined in RCW 41.76.050: PROVIDED, That a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission or in superior court. This power shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law, equity or otherwise.
(2) If the commission determines that any person has engaged in or is engaging in any such unfair labor practice as defined in RCW 41.76.050, then the commission shall issue and cause to be served upon such person an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action as will effectuate the purposes and policy of this chapter, such as the payment of damages and/or the reinstatement of faculty members.
(3) The commission may petition the superior court for the county in which the main office of the employer is located or wherein the person who has engaged or is engaging in such unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief.
[ 2018 c 252 § 3; 2002 c 356 § 14.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.060 - Rule making.

RCW 41.76.060
Rule making.
The commission is authorized from time to time to make, amend, and rescind, in the manner prescribed by the administrative procedure act, chapter 34.05 RCW, such rules and regulations as may be necessary to carry out the provisions of this chapter.
[ 2002 c 356 § 15.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.065 - Strikes and lockouts prohibited—Violations—Remedies.

RCW 41.76.065
Strikes and lockouts prohibited—Violations—Remedies.
The right of faculty to engage in any strike is prohibited. The right of a board of regents or trustees to engage in any lockout is prohibited. Should either a strike or lockout occur, the representative of the faculty or board of regents or trustees may invoke the jurisdiction of the superior court in the county in which the labor dispute exists, and such court has jurisdiction to issue an appropriate order against either or both parties. In fashioning an order, the court shall take into consideration not only the elements necessary for injunctive relief but also the purpose and goals of this chapter and any mitigating factors such as the commission of an unfair labor practice by either party.
[ 2002 c 356 § 16.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.070 - Certain contracts or agreements—Chapter 34.05 RCW does not apply.

RCW 41.76.070
Certain contracts or agreements—Chapter 34.05 RCW does not apply.
Contracts or agreements, or any provision thereof, entered into between boards of regents or trustees and exclusive bargaining representatives pursuant to this chapter are not affected by or subject to chapter 34.05 RCW.
[ 2002 c 356 § 17.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.075 - Retroactive accrual of benefits and salaries.

RCW 41.76.075
Retroactive accrual of benefits and salaries.
Whenever a collective bargaining agreement between an employer and an exclusive bargaining representative is concluded after the termination date of the previous collective bargaining agreement between the same parties, the effective date of the collective bargaining agreement may be the day after the termination date of the previous collective bargaining agreement, and all benefits included in the new collective bargaining agreement, including wage or salary increases, may accrue beginning with the effective date as established by this section.
[ 2002 c 356 § 19.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.080 - Existing agreements not affected.

RCW 41.76.080
Existing agreements not affected.
Nothing in this chapter shall be construed to annul, modify, or preclude the renewal or continuation of any lawful agreement entered into before October 1, 2002, between an employer and an employee organization covering wages, hours, and terms and conditions of employment.
[ 2002 c 356 § 20.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.085 - Limitations on application of chapter.

RCW 41.76.085
Limitations on application of chapter.
Except as otherwise expressly provided in this chapter, this chapter shall not be construed to deny or otherwise abridge any rights, privileges, or benefits granted by law to employees. This chapter shall not be construed to interfere with the responsibilities and rights of the board of regents or board of trustees as specified by federal and state law.
[ 2002 c 356 § 21.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.090 - Certain communications—Privilege from examination and disclosure.

RCW 41.76.090
Certain communications—Privilege from examination and disclosure.
The privilege established by RCW 5.60.060(11) shall apply to all employee organizations covered by this chapter and in all proceedings authorized by this chapter.
[ 2023 c 202 § 6.]
NOTES:
Findings—2023 c 202: See note following RCW 5.60.060.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.76 - Public Four-Year Institutions of Higher Education—Faculty Labor Relations. › 41.76.902 - Effective date—2002 c 356.

RCW 41.76.902
Effective date—2002 c 356.
This act takes effect October 1, 2002.
[ 2002 c 356 § 23.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.001 - Application of chapter.

RCW 41.80.001
Application of chapter.
Collective bargaining negotiations under this chapter shall commence no later than July 1, 2004. A collective bargaining agreement entered into under this chapter shall not be effective prior to July 1, 2005. However, any collective bargaining agreement entered into before July 1, 2004, covering employees affected by this section and RCW 41.80.010 through 41.80.130, that expires after July 1, 2004, shall, unless a superseding agreement complying with this section and RCW 41.80.010 through 41.80.130 is negotiated by the parties, remain in full force during its duration, but the agreement may not be renewed or extended beyond July 1, 2005, or until superseded by a collective bargaining agreement entered into under this section and RCW 41.80.010 through 41.80.130, whichever is later. The duration of any collective bargaining agreement under this chapter shall not exceed one fiscal biennium.
[ 2002 c 354 § 301.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.030 - Contents of collective bargaining agreements—Execution.

RCW 41.80.030
Contents of collective bargaining agreements—Execution.
(1) The parties to a collective bargaining agreement shall reduce the agreement to writing and both shall execute it.
(2) Except as provided in RCW 41.58.070 and 41.80.020, a collective bargaining agreement shall contain provisions that:
(a) Provide for a grievance procedure that culminates with final and binding arbitration of all disputes arising over the interpretation or application of the collective bargaining agreement and that is valid and enforceable under its terms when entered into in accordance with this chapter; and
(b) Require processing of disciplinary actions or terminations of employment of employees covered by the collective bargaining agreement entirely under the procedures of the collective bargaining agreement. Any employee, when fully reinstated, shall be guaranteed all employee rights and benefits, including back pay, sick leave, vacation accrual, and retirement and federal old age, survivors, and disability insurance act credits, but without back pay for any period of suspension.
(3)(a) If a collective bargaining agreement between an employer and an exclusive bargaining representative is concluded after the termination date of the previous collective bargaining agreement between the employer and an employee organization representing the same bargaining units, the effective date of the collective bargaining agreement may be the day after the termination of the previous collective bargaining agreement, and all benefits included in the new collective bargaining agreement, including wage or salary increases, may accrue beginning with that effective date.
(b) If a collective bargaining agreement between an employer and an exclusive bargaining representative is concluded after the termination date of the previous collective bargaining agreement between the employer and the exclusive bargaining representative representing different bargaining units, the effective date of the collective bargaining agreement may be the day after the termination date of whichever previous collective bargaining agreement covering one or more of the units terminated first, and all benefits included in the new collective bargaining agreement, including wage or salary increases, may accrue beginning with that effective date.
[ 2021 c 13 § 8; 2002 c 354 § 304.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.040 - Management rights—Not subject to bargaining.

RCW 41.80.040
Management rights—Not subject to bargaining.
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:
(1) The functions and programs of the employer, the use of technology, and the structure of the organization;
(2) 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;
(3) The right to direct and supervise employees;
(4) The right to take whatever actions are deemed necessary to carry out the mission of the state and its agencies during emergencies; and
(5) Retirement plans and retirement benefits.
[ 2020 c 357 § 913; 2002 c 354 § 305.]
NOTES:
Effective date—2020 c 357: See note following RCW 43.79.545.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.050 - Rights of employees.

RCW 41.80.050
Rights of employees.
Except as may be specifically limited by this chapter, employees shall have the right to self-organization, to form, join, or assist employee organizations, and to bargain collectively through representatives of their own choosing for the purpose of collective bargaining free from interference, restraint, or coercion. Employees shall also have the right to refrain from any or all such activities.
[ 2019 c 230 § 15; 2002 c 354 § 306.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.060 - Right to strike not granted.

RCW 41.80.060
Right to strike not granted.
Nothing contained in chapter 354, Laws of 2002 permits or grants to any employee the right to strike or refuse to perform his or her official duties.
[ 2002 c 354 § 307.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.070 - Bargaining units—Certification.

RCW 41.80.070
Bargaining units—Certification.
(1) A bargaining unit of employees covered by this chapter existing on June 13, 2002, shall be considered an appropriate unit, unless the unit does not meet the requirements of (a) and (b) of this subsection. The commission, after hearing upon reasonable notice to all interested parties, shall decide, in each application for certification as an exclusive bargaining representative, the unit appropriate for certification. In determining the new units or modifications of existing units, the commission shall consider: The duties, skills, and working conditions of the employees; the history of collective bargaining; the extent of organization among the employees; the desires of the employees; and the avoidance of excessive fragmentation. However, a unit is not appropriate if it includes:
(a) Both supervisors and nonsupervisory employees. A unit that includes only supervisors may be considered appropriate if a majority of the supervisory employees indicates by vote that they desire to be included in such a unit; or
(b) More than one institution of higher education. For the purposes of this section, any branch or regional campus of an institution of higher education is part of that institution of higher education.
(2) The exclusive bargaining representatives certified to represent the bargaining units existing on June 13, 2002, shall continue as the exclusive bargaining representative without the necessity of an election.
(3) If a single employee organization is the exclusive bargaining representative for two or more units, upon petition by the employee organization, the units may be consolidated into a single larger unit if the commission considers the larger unit to be appropriate. If consolidation is appropriate, the commission shall certify the employee organization as the exclusive bargaining representative of the new unit.
[ 2002 c 354 § 308.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.075 - Information to be provided to exclusive bargaining representative by certain employers.

RCW 41.80.075
Information to be provided to exclusive bargaining representative by certain employers.
RCW 41.56.035 applies to the following employers subject to this chapter:
(1) Western Washington University;
(2) Central Washington University;
(3) Eastern Washington University; and
(4) The Evergreen State College.
[ 2023 c 204 § 4.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.080 - Representation—Elections—Cross-check procedures—Rules.

RCW 41.80.080
Representation—Elections—Cross-check procedures—Rules.
(1) The commission shall determine all questions pertaining to representation and shall administer all elections and cross-check procedures, and be responsible for the processing and adjudication of all disputes that arise as a consequence of elections and cross-check procedures. The commission shall adopt rules that provide for at least the following:
(a) Secret balloting;
(b) Consulting with employee organizations;
(c) Access to lists of employees, job classification, work locations, and home mailing addresses;
(d) Absentee voting;
(e) Procedures for the greatest possible participation in voting;
(f) Campaigning on the employer's property during working hours; and
(g) Election observers.
(2)(a) If an employee organization has been certified as the exclusive bargaining representative of the employees of a bargaining unit, the employee organization may act for and negotiate master collective bargaining agreements that will include within the coverage of the agreement all employees in the bargaining unit as provided in RCW 41.80.010(2)(a). However, if a master collective bargaining agreement is in effect for the exclusive bargaining representative, it shall apply to the bargaining unit for which the certification has been issued. Nothing in this section requires the parties to engage in new negotiations during the term of that agreement.
(b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education.
(3) The certified exclusive bargaining representative shall be responsible for representing the interests of all the employees in the bargaining unit. This section shall not be construed to limit an exclusive representative's right to exercise its discretion to refuse to process grievances of employees that are unmeritorious.
(4) No question concerning representation may be raised if:
(a) Fewer than twelve months have elapsed since the last certification or election; or
(b) A valid collective bargaining agreement exists covering the unit, except for that period of no more than one hundred twenty calendar days nor less than ninety calendar days before the expiration of the contract.
[ 2019 c 230 § 17; 2002 c 354 § 309.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.083 - Application of RCW 41.56.037—Bargaining representative access to new employees.

RCW 41.80.083
Application of RCW 41.56.037—Bargaining representative access to new employees.
RCW 41.56.037 applies to this chapter.
[ 2018 c 250 § 5.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.090 - Failure to reach agreement—Third party involvement—Expiration of agreements during negotiation.

RCW 41.80.090
Failure to reach agreement—Third party involvement—Expiration of agreements during negotiation.
Should the parties fail to reach agreement in negotiating a collective bargaining agreement, either party may request of the commission the assistance of an impartial third party to mediate the negotiations.
If a collective bargaining agreement previously negotiated under this chapter should expire while negotiations are underway, the terms and conditions specified in the collective bargaining agreement shall remain in effect for a period not to exceed one year from the expiration date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
If resolution is not reached through mediation by one hundred days beyond the expiration date of a contract previously negotiated under this chapter, or one hundred days from the initiation of mediated negotiations if no such contract exists, an independent fact finder shall be appointed by the commission.
The fact finder shall meet with the parties or their representatives, or both, and make inquiries and investigations, hold hearings, and take such other steps as may be appropriate. If the dispute is not settled, the fact finder shall make findings of fact and recommend terms of settlement within thirty days.
Such recommendations, together with the findings of fact, shall be submitted in writing to the parties and the commission privately before they are made public. The commission, the fact finder, the employer, or the exclusive bargaining representative may make such findings and recommendations public if the dispute is not settled within ten working days after their receipt from the fact finder.
Nothing in this section shall be construed to prohibit an employer and an exclusive bargaining representative from agreeing to substitute, at their own expense, their own procedure for resolving impasses in collective bargaining for that provided in this section or from agreeing to utilize for the purposes of this section any other governmental or other agency or person in lieu of the commission.
Costs for mediator services shall be borne by the commission, and costs for fact-finding shall be borne equally by the negotiating parties.
[ 2002 c 354 § 310.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.100 - Employee authorization of membership dues and other payments—Revocation.

RCW 41.80.100
Employee authorization of membership dues and other payments—Revocation.
(1) Upon authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(2)(a) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that includes requirements for deductions of other payments, the employer must make such deductions upon authorization of the employee.
(b) An employee's written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee's salary must be made by the employee to the exclusive bargaining representative. If the employer receives a request for authorization of deductions, the employer shall as soon as practicable forward the request to the exclusive bargaining representative.
(c) Upon receiving notice of the employee's authorization, the employer shall deduct from the employee's salary membership dues and remit the amounts to the exclusive bargaining representative.
(d) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.
(e) An employee's request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the exclusive bargaining representative in accordance with the terms and conditions of the authorization.
(f) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction no later than the second payroll after receipt of the confirmation.
(g) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.
[ 2019 c 230 § 18; 2018 c 247 § 5; 2002 c 354 § 311.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.110 - Unfair labor practices enumerated.

RCW 41.80.110
Unfair labor practices enumerated.
(1) It is an unfair labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it: PROVIDED, That subject to rules adopted by the commission, an employer shall not be prohibited from permitting employees to confer with it or its representatives or agents during working hours without loss of time or pay;
(c) To encourage or discourage membership in any employee organization by discrimination in regard to hire, tenure of employment, or any term or condition of employment;
(d) To discharge or discriminate otherwise against an employee because that employee has filed charges or given testimony under this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It is an unfair labor practice for an employee organization:
(a) To restrain or coerce an employee in the exercise of the rights guaranteed by this chapter: PROVIDED, That this subsection shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization or to an employer in the selection of its representatives for the purpose of bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of this section;
(c) To discriminate against an employee because that employee has filed charges or given testimony under this chapter;
(d) To refuse to bargain collectively with an employer.
(3) The expressing of any views, arguments, or opinion, or the dissemination thereof to the public, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit.
[ 2002 c 354 § 312.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.120 - Unfair labor practice procedures—Powers and duties of commission.

RCW 41.80.120
Unfair labor practice procedures—Powers and duties of commission.
(1) The commission is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders: PROVIDED, That a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission or in superior court. This power shall not be affected or impaired by any means of adjustment, mediation, or conciliation in labor disputes that have been or may hereafter be established by law.
(2) If the commission determines that any person has engaged in or is engaging in an unfair labor practice, the commission shall issue and cause to be served upon the person an order requiring the person to cease and desist from such unfair labor practice, and to take such affirmative action as will effectuate the purposes and policy of this chapter, such as the payment of damages and the reinstatement of employees.
(3) The commission may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in such unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief.
[ 2018 c 252 § 4; 2002 c 354 § 313.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.135 - Certification of bargaining representative—Cross-check.

RCW 41.80.135
Certification of bargaining representative—Cross-check.
If only one employee organization is seeking certification as exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may determine the question concerning representation by conducting a cross-check comparing the employee organization's membership records or bargaining authorization cards against the employment records of the employer. A determination through a cross-check process may be made upon a showing of interest submitted in support of the exclusive bargaining representative by more than fifty percent of the employees. The commission may adopt rules to implement this section.
[ 2019 c 230 § 16.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.140 - Office of financial management's labor relations service account—Created.

RCW 41.80.140
Office of financial management's labor relations service account—Created.
(1) The office of financial management's labor relations service account is created in the custody of the state treasurer to be used as a revolving fund for the payment of labor relations services required for the negotiation of the collective bargaining agreements entered into under this chapter. An amount not to exceed one-tenth of one percent of the approved allotments of salaries and wages for all bargaining unit positions in the classified service in each of the agencies subject to this chapter, except the institutions of higher education, shall be charged to the operations appropriations of each agency and credited to the office of financial management's labor relations service account as the allotments are approved pursuant to chapter 43.88 RCW. Subject to the above limitations, the amount shall be charged against the allotments pro rata, at a rate to be fixed by the director of financial management from time to time. Payment for services rendered under this chapter shall be made on a quarterly basis to the state treasurer and deposited into the office of financial management's labor relations service account.
(2) Moneys from the office of financial management's labor relations service account shall be disbursed by the state treasurer by warrants on vouchers authorized by the director of financial management or the director's designee. An appropriation is not required.
(3) During the 2015-2017 fiscal biennium, the legislature may transfer moneys from the office of financial management's labor relations service account to the state general fund such amounts as reflect the excess fund balance of the account.
[ 2016 sp.s. c 36 § 924; 2002 c 354 § 322.]
NOTES:
Effective date—2016 sp.s. c 36: See note following RCW 18.20.430.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.300 - Uniformed personnel—Higher education—Intent—Purpose.

RCW 41.80.300
Uniformed personnel—Higher education—Intent—Purpose.
The intent and purpose of RCW 41.80.310 through 41.80.370 is to recognize that there exists a public policy in the state of Washington against strikes by uniformed personnel as a means of settling their labor disputes; that the uninterrupted and dedicated service of these classes of employees is vital to the welfare and public safety of the state of Washington; and that to promote such dedicated and uninterrupted public service there should exist an effective and adequate alternative means of settling disputes.
[ 2019 c 234 § 3.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.310 - Uniformed personnel—Higher education—Negotiations—Certification for interest arbitration.

RCW 41.80.310
Uniformed personnel—Higher education—Negotiations—Certification for interest arbitration.
(1) Negotiations between the employer and the exclusive bargaining representative of a unit of uniformed personnel shall be commenced at least five months prior to the submission of the budget to the legislature. If no agreement has been reached sixty days after the commencement of such negotiations then, at any time thereafter, either party may declare that an impasse exists and may submit the dispute to the commission for mediation, with or without the concurrence of the other party. The commission shall appoint a mediator, who shall promptly meet with the representatives of the parties, either jointly or separately, and shall take such other steps as he or she may deem appropriate in order to persuade the parties to resolve their differences and effect an agreement. A mediator, however, does not have a power of compulsion. The mediator may consider only matters that are subject to bargaining under this chapter.
(2) If an agreement has not been reached following a reasonable period of negotiations and mediation, and the executive director, upon the recommendation of the assigned mediator, finds that the parties remain at impasse, then the executive director shall certify the issues for interest arbitration. The issues for determination by the arbitration panel shall be limited to the issues certified by the executive director.
[ 2019 c 234 § 4.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.330 - Interest arbitration panel—State agency designation.

RCW 41.80.330
Interest arbitration panel—State agency designation.
An interest arbitration panel created pursuant to RCW 41.80.320, in the performance of its duties under this chapter, exercises a state function and is, for the purposes of this chapter, a state agency. Chapter 34.05 RCW does not apply to proceedings before an interest arbitration panel under this chapter.
[ 2019 c 234 § 6.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.340 - Interest arbitration panel—Factors to be considered in making a determination.

RCW 41.80.340
Interest arbitration panel—Factors to be considered in making a determination.
In making its determination, the panel shall be mindful of the legislative purpose enumerated in RCW 41.80.300 and, as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:
(1) The constitutional and statutory authority of the employer;
(2) Stipulations of the parties;
(3) Comparison of the hours and conditions of employment of personnel involved in the proceedings with the hours and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;
(4) Changes in any of the circumstances under subsections (1) through (3) of this section during the pendency of the proceedings; and
(5) Such other factors, not confined to the factors under subsections (1) through (4) of this section, that are normally or traditionally taken into consideration in the determination of matters that are subject to bargaining under this chapter.
[ 2019 c 234 § 7.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.350 - Interest arbitration panel proceeding—Consent to change existing wages, hours, and conditions of employment.

RCW 41.80.350
Interest arbitration panel proceeding—Consent to change existing wages, hours, and conditions of employment.
During the pendency of the proceedings before the arbitration panel, existing wages, hours, and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to his rights or position under RCW 41.80.310 through 41.80.370.
[ 2019 c 234 § 8.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.360 - Interest arbitration panel decision to be final—Superior court jurisdiction and review—Not binding on legislature.

RCW 41.80.360
Interest arbitration panel decision to be final—Superior court jurisdiction and review—Not binding on legislature.
(1) If the representative of either or both the uniformed personnel and the employer refuse to submit to the procedures set forth in RCW 41.80.310 and 41.80.320, the parties, or the commission on its own motion, may invoke the jurisdiction of the superior court for the county in which the labor dispute exists and such court shall have jurisdiction to issue an appropriate order. A failure to obey such order may be punished by the court as a contempt thereof.
(2) Except as provided in this subsection, a decision of the arbitration panel shall be final and binding on the parties, and may be enforced at the instance of either party, the arbitration panel or the commission in the superior court for the county where the dispute arose.
(a) The written determination is subject to review by the superior court upon the application of either party solely upon the question of whether the decision of the panel was arbitrary or capricious.
(b) The written determination is not binding on the legislature and, if the legislature does not approve the funds necessary to implement provisions pertaining to compensation and fringe benefits of an arbitrated collective bargaining agreement, is not binding on the state.
[ 2019 c 234 § 9.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.370 - Uniformed personnel—Higher education—Right to strike not granted.

RCW 41.80.370
Uniformed personnel—Higher education—Right to strike not granted.
The right of uniformed personnel to engage in any strike, work slowdown, or stoppage is not granted. An employee organization recognized as the exclusive bargaining representative of uniformed personnel subject to this chapter that willfully disobeys a lawful order of enforcement by a superior court pursuant to this section and RCW 41.80.360, or willfully offers resistance to such order, whether by strike or otherwise, is in contempt of court as provided in chapter 7.21 RCW. An employer that willfully disobeys a lawful order of enforcement by a superior court pursuant to RCW 41.80.360 or willfully offers resistance to such order is in contempt of court as provided in chapter 7.21 RCW.
[ 2019 c 234 § 10.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.380 - Uniformed personnel—Higher education—Public employment relations commission to review bargaining units.

RCW 41.80.380
Uniformed personnel—Higher education—Public employment relations commission to review bargaining units.
(1) By January 1, 2020, the public employment relations commission shall review the appropriateness of the bargaining units that consist of or include uniformed personnel and exist on July 28, 2019. If the commission determines that an existing bargaining unit is not appropriate pursuant to RCW 41.80.070, the commission may modify the unit.
(2) The exclusive bargaining representatives certified to represent the bargaining units that consist of or include uniformed personnel and exist on July 28, 2019, shall continue as the exclusive bargaining representative without the necessity of an election as of July 28, 2019. However, there may be proceedings concerning representation under this chapter thereafter.
[ 2019 c 234 § 11.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.80 - State Collective Bargaining. › 41.80.400 - Assistant attorneys general.

RCW 41.80.400
Assistant attorneys general.
(1) In addition to the agencies defined in RCW 41.80.005 and subject to the provisions of this section, this chapter applies to assistant attorneys general.
(2)(a) Assistant attorneys general who are not otherwise excluded from bargaining under (b) of this subsection are granted the right to collectively bargain.
(b) Division chiefs, deputy attorneys general, the solicitor general, assistant attorneys general in the labor and personnel division, special assistant attorneys general, confidential employees as defined in RCW 41.80.005, and any assistant or deputy attorney general who reports directly to the attorney general are excluded from this section and do not have the right to collectively bargain.
(3) The only unit appropriate for the purpose of collective bargaining under this chapter is a statewide unit of all assistant attorneys general not otherwise excluded from bargaining.
(4) The governor or the governor's designee and an exclusive bargaining representative shall negotiate one master collective bargaining agreement for assistant attorneys general.
[ 2019 c 145 § 2.]
NOTES:
Findings—Intent—2019 c 145: "The legislature finds that the legal services provided by assistant attorneys general in the office of the attorney general are crucial to the ability of the state officials, agencies, colleges, boards, and commissions to function and fulfill their obligations to the citizens of the state. Assistant attorneys general are exempt from civil service under RCW 41.06.070. The assistant attorneys general currently have no mechanism through which to collectively bargain for salary increases. The legislature finds the office of the attorney general has experienced increased difficulty recruiting and retaining attorneys due to the disparity in wages paid to assistant attorneys general as compared to attorneys in other public sector positions. This type of turnover is costly to the office of the attorney general, negatively impacts morale, interferes with the ability of the office to succession plan, and ultimately harms the citizens of this state. Therefore, it is the legislature's intent to empower assistant attorneys general to collectively bargain for fair wages that will foster job satisfaction and the highest standards of professional competence among assistant attorneys general." [ 2019 c 145 § 1.]