reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.60 - Discrimination—Human Rights Commission. › 49.60.340 - Election for civil action in lieu of hearing—Relief.

RCW 49.60.340
Election for civil action in lieu of hearing—Relief.
(1) Any complainant on whose behalf the reasonable cause finding was made, a respondent, or an aggrieved person may, with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225, elect to have the claims on which reasonable cause was found decided in a civil action under RCW 49.60.030(2) in lieu of a hearing under RCW 49.60.250. This election must be made not later than twenty days after the service of the reasonable cause finding. The person making such election shall give notice of doing so to the commission and to all other complainants and respondents to whom the charge relates. Any reasonable cause finding issued by the commission pursuant to the procedures contained in this chapter shall become final twenty days after service of the reasonable cause finding unless a written notice of election is received by the commission within the twenty-day period.
(2) If an election is made under subsection (1) of this section, the commission shall authorize not later than thirty days after the election is made, and the attorney general shall commence, a civil action on behalf of the aggrieved person in a superior court of the state of Washington seeking relief under this section.
(3) Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right in that civil action.
(4) In a civil action under this section, if the court finds that an unfair practice in a real estate transaction has occurred or is about to occur, the court may grant any relief that a court could grant with respect to such an unfair practice in a real estate transaction in a civil action under RCW 49.60.030(2). If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.
(5) In any administrative proceeding under this section where the respondent is the prevailing party, a complainant who intervenes by filing a notice of independent appearance may be liable for reasonable attorneys' fees and costs only to the extent that the intervening participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment.
(6) In any administrative proceeding brought under RCW 49.60.225 or any court proceeding arising therefrom, or any civil action under this section, the administrative law judge or the court in its discretion may allow the prevailing party, other than the commission, reasonable attorneys' fees and costs.
[ 1993 c 69 § 13.]
NOTES:
Severability—1993 c 69: See note following RCW 49.60.030.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.60 - Discrimination—Human Rights Commission. › 49.60.350 - Temporary or preliminary relief—Superior court jurisdiction—Petition of commission.

RCW 49.60.350
Temporary or preliminary relief—Superior court jurisdiction—Petition of commission.
(1) The superior courts of the state of Washington shall have jurisdiction upon petition of the commission, through the attorney general, to seek appropriate temporary or preliminary relief to enjoin any unfair practice in violation of RCW 49.60.222 through 49.60.225, from which prompt judicial action is necessary to carry out the purposes of this chapter.
(2) The commencement of a civil action under this section does not preclude the initiation or continuation of administrative proceedings under this chapter.
[ 1993 c 69 § 2.]
NOTES:
Severability—1993 c 69: See note following RCW 49.60.030.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.60 - Discrimination—Human Rights Commission. › 49.60.370 - Liability for killing or injuring dog guide or service animal—Penalty in addition to other remedies or penalties—Recovery of attorneys' fees and costs—No duty to investigate.

RCW 49.60.370
Liability for killing or injuring dog guide or service animal—Penalty in addition to other remedies or penalties—Recovery of attorneys' fees and costs—No duty to investigate.
(1) A person who negligently or maliciously kills or injures a dog guide or service animal is liable for a penalty of one thousand dollars, to be paid to the user of the animal. The penalty shall be in addition to and not in lieu of any other remedies or penalties, civil or criminal, provided by law.
(2) A user or owner of a dog guide or service animal, whose animal is negligently or maliciously injured or killed, is entitled to recover reasonable attorneys' fees and costs incurred in pursuing any civil remedy.
(3) The commission has no duty to investigate any negligent or malicious acts referred to under this section.
[ 1997 c 271 § 23; 1988 c 89 § 1. Formerly RCW 70.84.100.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.60 - Discrimination—Human Rights Commission. › 49.60.380 - License waiver for dog guide and service animals.

RCW 49.60.380
License waiver for dog guide and service animals.
A county, city, or town shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her dog guide, or a request by a physically disabled person not to be charged a fee to license his or her service animal.
[ 1997 c 271 § 24; 1989 c 41 § 1. Formerly RCW 70.84.120.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.60 - Discrimination—Human Rights Commission. › 49.60.390 - Rule-making authority—Deadline—1997 c 271.

RCW 49.60.390
Rule-making authority—Deadline—1997 c 271.
The Washington state human rights commission shall adopt rules implementing chapter 271, Laws of 1997 no later than March 1, 1998.
[ 1997 c 271 § 25.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.60 - Discrimination—Human Rights Commission. › 49.60.400 - Discrimination, preferential treatment prohibited.

RCW 49.60.400
Discrimination, preferential treatment prohibited.
(1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(2) This section applies only to action taken after December 3, 1998.
(3) This section does not affect any law or governmental action that does not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin.
(4) This section does not affect any otherwise lawful classification that:
(a) Is based on sex and is necessary for sexual privacy or medical or psychological treatment; or
(b) Is necessary for undercover law enforcement or for film, video, audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or consent decree that is in force as of December 3, 1998.
(6) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(7) Nothing in this section prohibits schools established under chapter 28A.715 RCW from:
(a) Implementing a policy of Indian preference in employment; or
(b) Prioritizing the admission of tribal members where capacity of the school's programs or facilities is not as large as demand.
(8) For the purposes of this section, "state" includes, but is not necessarily limited to, the state itself, any city, county, public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state.
(9) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Washington antidiscrimination law.
(10) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law, the United States Constitution, or the Washington state Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution, and the Washington state Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
[ 2013 c 242 § 7; (2019 c 160 § 3, Referendum Measure No. 88 failed to become law); 1999 c 3 § 1 (Initiative Measure No. 200, approved November 3, 1998).]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.60 - Discrimination—Human Rights Commission. › 49.60.401 - Short title—1999 c 3.

RCW 49.60.401
Short title—1999 c 3.
RCW 49.60.400 shall be known and cited as the Washington State Civil Rights Act.
[ 1999 c 3 § 2 (Initiative Measure No. 200, approved November 3, 1998).]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.60 - Discrimination—Human Rights Commission. › 49.60.405 - Distinction or differential treatment—When authorized.

RCW 49.60.405
Distinction or differential treatment—When authorized.
It is not an unfair practice when a distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, rule, or government contract.
[ 2020 c 52 § 3.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.60 - Discrimination—Human Rights Commission. › 49.60.505 - Community athletics programs—Nondiscrimination policy required.

RCW 49.60.505
Community athletics programs—Nondiscrimination policy required.
(1) By January 1, 2010, each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities shall adopt a policy that specifically prohibits discrimination against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults.
(2) It is the responsibility of each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities to publish and disseminate this policy. At a minimum, the nondiscrimination policy should be included in any publication that includes information about the entity's own athletics programs, or about obtaining a permit for operating athletics programs and on the appropriate city, town, county, or district website.
(3) School districts issuing permission to a third party for the operation of a community athletics program on its facilities shall also follow the provisions of this section but may modify and use existing school district policies and procedures to the extent that is possible. Nothing in this section may be construed to require school districts to monitor compliance, investigate complaints, or otherwise enforce school district policies as to third parties using school district facilities.
(4) Every city, town, county, or district covered by this section should also publish the name, office address, and office telephone number of the employee or employees responsible for its efforts to comply with and carry out its responsibilities under chapter 467, Laws of 2009.
[ 2009 c 467 § 3.]
NOTES:
Findings—Declarations—2009 c 467: See note following RCW 49.60.500.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.60 - Discrimination—Human Rights Commission. › 49.60.510 - Privileged health information—Noneconomic damages—Waivers.

RCW 49.60.510
Privileged health information—Noneconomic damages—Waivers.
(1) By requesting noneconomic damages under this chapter, a claimant does not place his or her health at issue or waive any health care privilege under RCW 5.60.060 or 18.83.110, or any other law, unless the claimant:
(a) Alleges a specific diagnosed physical or psychiatric injury as a proximate result of the respondents' conduct, and relies on the records or testimony of a health care provider or expert witness to seek general damages; or
(b) Alleges failure to accommodate a disability or alleges discrimination on the basis of a disability.
(2) Any waiver under subsection (1)(a) and (b) of this section is limited to health care records and communication between a claimant and his or her provider or providers:
(a) Created or occurring in the period beginning two years immediately preceding the first alleged unlawful act for which the claimant seeks damages and ending at the last date for which the claimant seeks damages, unless the court finds exceptional circumstances to order a longer period of time; and
(b) Relating specifically to the diagnosed injury, to the health care provider or providers on which the claimant relies in the action, or to the disability specifically at issue in the allegation.
[ 2020 c 254 § 1; 2018 c 70 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.005 - Findings.

RCW 49.62.005
Findings.
The legislature finds that workforce mobility is important to economic growth and development. Further, the legislature finds that agreements limiting competition or hiring may be contracts of adhesion that may be unreasonable.
[ 2019 c 299 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.010 - Definitions.

RCW 49.62.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Earnings" means the compensation reflected on box one of the employee's United States internal revenue service form W-2 that is paid to an employee over the prior year, or portion thereof for which the employee was employed, annualized and calculated as of the earlier of the date enforcement of the noncompetition covenant is sought or the date of separation from employment. "Earnings" also means payments reported on internal revenue service form 1099-MISC for independent contractors.
(2) "Employee" and "employer" have the same meanings as in RCW 49.17.020.
(3) "Franchisor" and "franchisee" have the same meanings as in RCW 19.100.010.
(4) "Noncompetition covenant" includes every written or oral covenant, agreement, or contract by which an employee or independent contractor is prohibited or restrained from engaging in a lawful profession, trade, or business of any kind. A "noncompetition covenant" does not include: (a) A nonsolicitation agreement; (b) a confidentiality agreement; (c) a covenant prohibiting use or disclosure of trade secrets or inventions; (d) a covenant entered into by a person purchasing or selling the goodwill of a business or otherwise acquiring or disposing of an ownership interest; or (e) a covenant entered into by a franchisee when the franchise sale complies with RCW 19.100.020(1).
(5) "Nonsolicitation agreement" means an agreement between an employer and employee that prohibits solicitation by an employee, upon termination of employment: (a) Of any employee of the employer to leave the employer; or (b) of any customer of the employer to cease or reduce the extent to which it is doing business with the employer.
(6) "Party seeking enforcement" means the named plaintiff or claimant in a proceeding to enforce a noncompetition covenant or the defendant in an action for declaratory relief.
[ 2019 c 299 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.020 - When void and unenforceable.

RCW 49.62.020
When void and unenforceable.
(1) A noncompetition covenant is void and unenforceable against an employee:
(a)(i) Unless the employer discloses the terms of the covenant in writing to the prospective employee no later than the time of the acceptance of the offer of employment and, if the agreement becomes enforceable only at a later date due to changes in the employee's compensation, the employer specifically discloses that the agreement may be enforceable against the employee in the future; or
(ii) If the covenant is entered into after the commencement of employment, unless the employer provides independent consideration for the covenant;
(b) Unless the employee's earnings from the party seeking enforcement, when annualized, exceed one hundred thousand dollars per year. This dollar amount must be adjusted annually in accordance with RCW 49.62.040;
(c) If the employee is terminated as the result of a layoff, unless enforcement of the noncompetition covenant includes compensation equivalent to the employee's base salary at the time of termination for the period of enforcement minus compensation earned through subsequent employment during the period of enforcement.
(2) A court or arbitrator must presume that any noncompetition covenant with a duration exceeding eighteen months after termination of employment is unreasonable and unenforceable. A party seeking enforcement may rebut the presumption by proving by clear and convincing evidence that a duration longer than eighteen months is necessary to protect the party's business or goodwill.
[ 2019 c 299 § 3.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.030 - When void and unenforceable against independent contractors.

RCW 49.62.030
When void and unenforceable against independent contractors.
(1) A noncompetition covenant is void and unenforceable against an independent contractor unless the independent contractor's earnings from the party seeking enforcement exceed two hundred fifty thousand dollars per year. This dollar amount must be adjusted annually in accordance with RCW 49.62.040.
(2) The duration of a noncompetition covenant between a performer and a performance space, or a third party scheduling the performer for a performance space, must not exceed three calendar days.
[ 2019 c 299 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.040 - Dollar amounts adjusted.

RCW 49.62.040
Dollar amounts adjusted.
The dollar amounts specified in RCW 49.62.020 and 49.62.030 must be adjusted annually for inflation. Annually on September 30th the department of labor and industries must adjust the dollar amounts specified in this section by calculating to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index, for the twelve months prior to each September 1st as calculated by the United States department of labor. The adjusted dollar amount calculated under this section takes effect on the following January 1st.
[ 2019 c 299 § 5.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.050 - Unenforceable provisions.

RCW 49.62.050
Unenforceable provisions.
A provision in a noncompetition covenant signed by an employee or independent contractor who is Washington-based is void and unenforceable:
(1) If the covenant requires the employee or independent contractor to adjudicate a noncompetition covenant outside of this state; and
(2) To the extent it deprives the employee or independent contractor of the protections or benefits of this chapter.
[ 2019 c 299 § 6.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.060 - Franchisor restrictions.

RCW 49.62.060
Franchisor restrictions.
(1) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring any employee of a franchisee of the same franchisor.
(2) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring any employee of the franchisor.
[ 2019 c 299 § 7.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.070 - Employees having an additional job—When authorized.

RCW 49.62.070
Employees having an additional job—When authorized.
(1) Subject to subsection (2) of this section, an employer may not restrict, restrain, or prohibit an employee earning less than twice the applicable state minimum hourly wage from having an additional job, supplementing their income by working for another employer, working as an independent contractor, or being self-employed.
(2)(a) This section shall not apply to any such additional services when the specific services to be offered by the employee raise issues of safety for the employee, coworkers, or the public, or interfere with the reasonable and normal scheduling expectations of the employer.
(b) This section does not alter the obligations of an employee to an employer under existing law, including the common law duty of loyalty and laws preventing conflicts of interest and any corresponding policies addressing such obligations.
[ 2019 c 299 § 8.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.080 - Violation of this chapter—Relief—Remedies.

RCW 49.62.080
Violation of this chapter—Relief—Remedies.
(1) Upon a violation of this chapter, the attorney general, on behalf of a person or persons, may pursue any and all relief. A person aggrieved by a noncompetition covenant to which the person is a party may bring a cause of action to pursue any and all relief provided for in subsections (2) and (3) of this section.
(2) If a court or arbitrator determines that a noncompetition covenant violates this chapter, the violator must pay the aggrieved person the greater of his or her actual damages or a statutory penalty of five thousand dollars, plus reasonable attorneys' fees, expenses, and costs incurred in the proceeding.
(3) If a court or arbitrator reforms, rewrites, modifies, or only partially enforces any noncompetition covenant, the party seeking enforcement must pay the aggrieved person the greater of his or her actual damages or a statutory penalty of five thousand dollars, plus reasonable attorneys' fees, expenses, and costs incurred in the proceeding.
(4) A cause of action may not be brought regarding a noncompetition covenant signed prior to January 1, 2020, if the noncompetition covenant is not being enforced.
[ 2019 c 299 § 9.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.090 - Conflict of laws.

RCW 49.62.090
Conflict of laws.
(1)(a) Subject to (b) of this subsection, this chapter displaces conflicting tort, restitutionary, contract, and other laws of this state pertaining to liability for competition by employees or independent contractors with their employers or principals, as appropriate.
(b) This chapter does not amend or modify chapter 19.108 RCW.
(2) Except as otherwise provided in this chapter, this chapter does not revoke, modify, or impede the development of the common law.
[ 2019 c 299 § 10.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.100 - Retroactive application.

RCW 49.62.100
Retroactive application.
This chapter applies to all proceedings commenced on or after January 1, 2020, regardless of when the cause of action arose. To this extent, this chapter applies retroactively, but in all other respects it applies prospectively.
[ 2019 c 299 § 11.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.62 - Noncompetition Covenants. › 49.62.900 - Effective date—2019 c 299.

RCW 49.62.900
Effective date—2019 c 299.
This act takes effect January 1, 2020.
[ 2019 c 299 § 13.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.64 - Employee Benefit Plans. › 49.64.010 - Duration of trusts for employee benefits.

RCW 49.64.010
Duration of trusts for employee benefits.
Any trust heretofore or hereafter created for the purposes and of the type enumerated in RCW 49.64.020, whether in real or personal property or in real and personal property, may continue for such time as may be necessary to accomplish the purposes of the trust and shall not be invalid as violating any statute or rule of law against perpetuities, or against accumulations of earnings, or concerning the suspension of the power of alienation of the title to property, or otherwise limiting the duration of trusts.
[ 1955 c 158 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.64 - Employee Benefit Plans. › 49.64.020 - Trusts exempted from limitation as to duration.

RCW 49.64.020
Trusts exempted from limitation as to duration.
Trusts which are entitled to the exemption from limitation as to their duration provided for in RCW 49.64.010 must be:
(1) Created by an employer primarily for the benefit of some or all of the employees of such employer or the families or appointees of such employees, under any pension, profit-sharing, stock bonus, retirement, disability, death benefit or other similar types of employee-benefit plans; and
(2) Contributed to by the employer or employees or both; and
(3) Existing for the purpose of distributing to or for the benefit of some or all of such employees (either before or after their employment ceases), their families or appointees, the earnings or principal, or earnings and principal, of the trust.
[ 1955 c 158 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.64 - Employee Benefit Plans. › 49.64.030 - Employee benefit plans—Payment or refund as discharge—Adverse claims.

RCW 49.64.030
Employee benefit plans—Payment or refund as discharge—Adverse claims.
Notwithstanding the provisions of RCW 26.16.030, whenever payment or refund is made to an employee, former employee, or his or her beneficiary or estate pursuant to and in full compliance with a written retirement, death, or other employee benefit plan or savings plan, such payment or refund shall fully discharge the employer and any trustee or insurance company making such payment or refund from all adverse claims thereto unless, before such payment or refund is made, the employer or former employer, where the payment is made by the employer or former employer, has received at its principal place of business within this state, written notice by or on behalf of some other person that such other person claims to be entitled to such payment or refund or some part thereof, or where a trustee or insurance company is making the payment, such notice has been received by the trustee or insurance company at its home office or its principal place of business within this state, and if none, such notice may be made on the secretary of state: PROVIDED, HOWEVER, That nothing contained in this section shall affect any claim or right to any such payment or refund or part thereof as between all persons other than employer and the trustee or insurance company making such payment or refund.
[ 2010 c 8 § 12061; 1953 c 45 § 1. Formerly RCW 49.52.065.]
NOTES:
Employees' benefit deductions are trust funds: RCW 49.52.010.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.64 - Employee Benefit Plans. › 49.64.040 - Dental care assistance plans—Options required.

RCW 49.64.040
Dental care assistance plans—Options required.
(1) Unless the context clearly requires otherwise, in this section "dental care assistance plan" means any plan of dental insurance offered by an insurer as defined by chapter 48.01 RCW and any agreement for dental care benefits entered into or renewed after January 1, 1989, provided by a health care service contractor as defined by chapter 48.44 RCW.
(2) Each employer, public or private, that offers its employees a dental care assistance plan and each employee benefits fund that offers its members a dental care assistance plan limiting the provider of dental care to designated providers or group of providers, shall make available to and inform its employees or members of the option of enrolling in an alternative dental care assistance plan that permits the employees or members to obtain dental care services from any licensed dental care provider of their choice. The portion of the premium paid by the employer for the limiting plan shall be comparable to, but in no case greater than, the portion of the premium paid by the employer for the other plan. If employees are members of a bona fide bargaining unit covered by a labor-management collective bargaining agreement, the selection of the options required by this section may be specified in the agreement. The provisions of this section are not mandatory if the employees are covered by Taft-Hartley health care trust, except that the labor-management trustees may contract with a dental care assistance plan if a feasibility study determines it is to the advantage of the members: PROVIDED, That this section shall only apply to employers with greater than twenty-five employees under coverage.
[ 1988 c 259 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.010 - Purpose—Policy—Declaration.

RCW 49.66.010
Purpose—Policy—Declaration.
It is the public policy of the state to expedite the settlement of labor disputes arising in connection with health care activities, in order that there may be no lessening, however temporary, in the quality of the care given to patients. It is the legislative purpose by this chapter to promote collective bargaining between health care activities and their employees, to protect the right of employees of health care activities to organize and select collective bargaining units of their own choosing.
It is further determined that any agreements involving union security including an all-union agreement or agency agreement must safeguard the rights of nonassociation of employees, based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member. Such employee must pay an amount of money equivalent to regular union dues and initiation fees and assessments, if any, to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the representative of the labor organization to which such employee would otherwise pay dues. The employee shall furnish written proof that this has been done. If the employee and representative of the labor organization do not reach agreement on the matter, the department shall designate such organization.
[ 1973 2nd ex.s. c 3 § 1; 1972 ex.s. c 156 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.020 - Definitions.

RCW 49.66.020
Definitions.
As used in this chapter:
(1) "Health care activity" includes any hospital, nursing home, institution, agency or establishment, exclusive of those operated by the state, its municipalities, or political subdivisions, having for one of its principal purposes the preservation of health or the care of sick, aged or infirm persons.
(2) "Bargaining unit" includes any group of employees of a health care activity having substantially common interests with respect to working conditions. The composition of a bargaining unit may be determined by common consent between an employer and its employees, or, in the event either party shall apply to the director of labor and industries for a determination of the composition of a bargaining unit, it shall be determined by the director of labor and industries or his delegated representative. No bargaining unit shall be found appropriate if it includes guards together with other employees.
(3) "Employee" includes any registered nurse or licensed practical nurse or service personnel performing services for wages for a health care activity. The term shall not apply to a member of a religious order assigned to a health care activity by the order as a part of his obligations to it; nor shall it apply to persons performing services in connection with healing by prayer or spiritual means alone in accordance with the tenets and practices of recognized church or religious denominations by adherents thereof; nor shall it apply to supervisors.
(4) "Employer" includes any person, agency, corporation, company or other organization engaged in the operation of a health care activity, whether for profitable or charitable purposes.
(5) "Supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Supervisor includes registered nurses only if administrative supervision is his or her primary duty and activity.
(6) "Guard" means any individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer's premises.
(7) "Director" means the director of the department of labor and industries.
(8) "Department" means the department of labor and industries.
[ 1973 2nd ex.s. c 3 § 2; 1972 ex.s. c 156 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.030 - Bargaining unit.

RCW 49.66.030
Bargaining unit.
An employee association shall be deemed the properly designated representative of a bargaining unit when it can show evidence that bargaining rights have been assigned to it by a majority of the employees in the bargaining unit. Should questions arise concerning the representative status of any employee organization claiming to represent a bargaining unit of employees, upon petition by such an organization, it shall be the duty of the director, acting by himself or herself or through a designee to investigate and determine the composition of the organization. Any organization found authorized by not less than thirty percent of the employees of a bargaining unit shall be eligible to apply for an election to determine its rights to represent the unit. If more than one organization shall claim to represent any unit, the director, or his or her designee, may conduct an election by secret ballot to determine which organization shall be authorized to represent the unit. In order to be certified as a bargaining representative, an employee organization must receive, in a secret ballot election, votes from a majority of the employees who vote in the election, except that nothing in this section shall prohibit the voluntary recognition of a labor organization as a bargaining representative by an employer upon a showing of reasonable proof of majority. In any election held pursuant to this section, there shall be a choice on the ballot for employees to designate that they do not wish to be represented by any bargaining representative. No representation election shall be directed in any bargaining unit or any subdivision thereof within which, in the preceding twelve-month period, a valid election has been held. Thirty percent of the employees of an employer may file a petition for a secret ballot election to ascertain whether the employee organization which has been certified or is currently recognized by their employer as their bargaining representative is no longer their bargaining representative.
No employee organization shall be certified as the representative of employees in a bargaining unit of guards, if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards. The determination shall be based upon a plurality of votes cast in such election, and shall remain in effect for a period of not less than one year. In determining appropriate bargaining units, the director shall limit such units to groups consisting of registered nurses, licensed practical nurses or service personnel: PROVIDED, HOWEVER, That if a majority of each such classification desires inclusion within a single bargaining unit, they may combine into a single unit.
[ 2010 c 8 § 12062; 1973 2nd ex.s. c 3 § 3; 1972 ex.s. c 156 § 3.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.040 - Unfair labor practice by health care activity.

RCW 49.66.040
Unfair labor practice by health care activity.
It shall be deemed an unfair labor practice, and unlawful, for any health care activity to:
(1) Interfere with, restrain or coerce employees in any manner in the exercise of their right of self-organization: PROVIDED, That the expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this chapter, if such expression contains no threat of reprisal or force or promise of benefit;
(2) Initiate, create, dominate, contribute to or interfere with the formation or administration of any employee organization having bargaining as one of its functions;
(3) Discriminate in regard to hire, terms, or conditions of employment in order to discourage membership in any employee organization having collective bargaining as one of its functions;
(4) Refuse to meet and bargain in good faith with the duly designated representatives of an appropriate bargaining unit of employees; and it shall be a requirement of good faith bargaining that the parties be willing to reduce to writing, and have their representatives sign, any agreement arrived at through negotiation and discussion.
[ 1972 ex.s. c 156 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.050 - Unfair labor practice by employee organization or agent.

RCW 49.66.050
Unfair labor practice by employee organization or agent.
It shall be an unfair labor practice and unlawful, for any employee organization or its agent to:
(1) Restrain or coerce (a) employees in the exercise of their right to refrain from self-organization, or (b) an employer in the selection of its representatives for purposes of collective bargaining or the adjustment of grievances;
(2) Cause or attempt to cause an employer to discriminate against an employee in violation of RCW 49.66.040(3) or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his or her failure to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership;
(3) Refuse to meet and bargain in good faith with an employer, provided it is the duly designated representative of the employer's employees for purposes of collective bargaining;
(4) Require of employees covered by a union security agreement the payment, as a condition precedent to becoming a member of such organization, of a fee in an amount which the director finds excessive or discriminatory under all the circumstances. In making such a finding, the director shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the wages currently paid to the employees affected;
(5) Cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed;
(6) Enter into any contract or agreement, express or implied, whereby an employer or other person ceases or refrains, or agrees to cease or refrain, from handling, using, selling, transporting, or otherwise dealing in any of the products or services of any other employer or person, or to cease doing business with any other employer or person, and any such contract or agreement shall be unenforceable and void; or
(7) Engage in, or induce or encourage any individual employed by any employer or to engage in, an activity prohibited by RCW 49.66.060.
[ 2010 c 8 § 12063; 1973 2nd ex.s. c 3 § 4; 1972 ex.s. c 156 § 5.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.060 - Strike and picketing.

RCW 49.66.060
Strike and picketing.
No employee organization, bargaining representative, person, or employee shall authorize, sanction, engage in, or participate in a strike (including but not limited to a concerted work stoppage of any kind, concerted slowdown or concerted refusal or failure to report for work or perform work) or picketing against an employer under any circumstances, whether arising out of a recognition dispute, bargaining impasse, or otherwise: PROVIDED, That nothing in this section shall prohibit picketing or other publicity for the sole purpose of truthfully advising the public of the existence of a dispute with the employer, unless an effect of such picketing or other publicity is (a) to induce any employee of the employer or any other individual, in the course of his or her employment, not to pick up, deliver, or transfer goods, not to enter the employer's premises, or not to perform services; or (b) to induce such an employee or individual to engage in a strike.
[ 2010 c 8 § 12064; 1972 ex.s. c 156 § 6.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.070 - Relief from unfair labor practice—Actions—Remedial orders.

RCW 49.66.070
Relief from unfair labor practice—Actions—Remedial orders.
The director or any employee organization qualified to apply for an election under RCW 49.66.030 as now or hereafter amended or any employer may maintain in its name or in the name of its members legal action in any county in which jurisdiction of the employer or employee organization may be obtained, to seek relief from the commission of an unfair labor practice: PROVIDED, That such employer or employee organization exhausts the administrative remedies under rules and regulations promulgated by the department prior to seeking such court action.
The department is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders. Any party aggrieved by any remedial order is entitled to the judicial review thereof in accordance with the provisions of chapter 34.05 RCW.
[ 1973 2nd ex.s. c 3 § 5; 1972 ex.s. c 156 § 7.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.080 - Rules and regulations—Procedures.

RCW 49.66.080
Rules and regulations—Procedures.
The director shall have the power to make such rules and regulations not inconsistent with this chapter, including the establishment of procedures for the hearing and determination of charges alleging unfair labor practices, and for a determination on application by either party when an impasse has arisen, and as he or she shall determine are necessary to effectuate its purpose and to enable him or her to carry out its provisions.
[ 2010 c 8 § 12065; 1973 2nd ex.s. c 3 § 6; 1972 ex.s. c 156 § 8.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.090 - Board of arbitration—Members—Selection—Chair.

RCW 49.66.090
Board of arbitration—Members—Selection—Chair.
In the event that a health care activity and an employees' bargaining unit shall reach an impasse, the matters in dispute shall be submitted to a board of arbitration composed of three arbitrators for final and binding resolution. The board shall be selected in the following manner: Within ten days, the employer shall appoint one arbitrator and the employees shall appoint one arbitrator. The two arbitrators so selected and named shall within ten days agree upon and select the name of a third arbitrator who shall act as chair. If, upon the expiration of the period allowed therefor the arbitrators are unable to agree on the selection of a third arbitrator, such arbitrator shall be appointed at the request of either party in accordance with RCW 7.04A.110, and that person shall act as chair of the arbitration board.
[ 2010 c 8 § 12066; 2005 c 433 § 44; 1973 2nd ex.s. c 3 § 7; 1972 ex.s. c 156 § 9.]
NOTES:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.100 - Board of arbitration—Hearings—Findings.

RCW 49.66.100
Board of arbitration—Hearings—Findings.
The arbitration board, acting through its chair, shall call a hearing to be held within ten days after the date of the appointment of the chair. The board shall conduct public or private hearings. Reasonable notice of such hearings shall be given to the parties who shall appear and be heard either in person or by counsel or other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. A recording of the proceedings shall be taken. Any oral or documentary evidence and other data deemed relevant by the board may be received in evidence. The board shall have the power to administer oaths, require the attendance of witnesses, and the production of such books, papers, contracts, agreements, and documents as may be deemed by the board material to a just determination of the issues in dispute and to issue subpoenas. If any person refuses to obey such subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held hereunder, the board may invoke the jurisdiction of any superior court 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. The hearing conducted by the arbitrators shall be concluded within twenty days of the time of commencement and, within ten days after conclusion of the hearings, the arbitrator shall make written findings and a written opinion upon the issues presented, a copy of which shall be mailed or otherwise delivered to the employees' negotiating agent or its attorney or other designated representative and to the employer or the employer's attorney or designated representative. The determination of the dispute made by the board shall be final and binding upon both parties.
[ 2010 c 8 § 12067; 1972 ex.s. c 156 § 10.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.66 - Health Care Activities. › 49.66.110 - Board of arbitration—Standards or guidelines.

RCW 49.66.110
Board of arbitration—Standards or guidelines.
In making its determination, the board of arbitrators shall be mindful of the legislative purpose enumerated in RCW 49.66.010 and as additional standards or guidelines to aid it in reaching a decision, it shall take into consideration the following factors:
(1) Wage rates or other conditions of employment of the health care activity in question as compared with prevailing wage rates or other conditions of employment in the local operating area involved.
(2) Wage rates or other working conditions as compared with wage rates or other working conditions maintained for the same or similar work of workers in the local area.
(3) The overall compensation of employees having regard not only to wages for time actually worked but also for time not actually worked, including vacations, holidays and other excused time and for all fringe benefits received.
(4) Interest and welfare of the public.
(5) Comparison of peculiarities of employment in regard to other comparable trades or professions, specifically:
(a) Physical qualifications.
(b) Educational qualifications.
(c) Job training and skills.
(6) Efficiency of operation of the health care activity.
[ 1972 ex.s. c 156 § 11.]