reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.032 - Calculation of disability retirement allowance.

RCW 41.54.032
Calculation of disability retirement allowance.
(1) If a dual member becomes disabled, the member's service in all systems may be combined for the sole purpose of determining the member's eligibility to receive a disability retirement allowance from the member's current system.
(2) The member's current system shall use its own criteria to:
(a) Determine the member's eligibility for a disability retirement allowance; and
(b) Calculate the disability retirement allowance based on service actually established in the current system. The member shall be allowed to substitute the member's base salary from any system as the compensation used in calculating the allowance.
(3) Subsections (1) and (2) of this section shall not apply to the member's prior system.
(4) A dual member who is eligible to receive a disability retirement under the current system may elect to receive a service retirement from all prior systems and to receive service retirement allowances calculated as provided in this section. Each system shall calculate the service retirement allowance using its own criteria except that the member shall be allowed to substitute the member's base salary from any system as the compensation used in calculating the service retirement allowance.
(5) The service retirement allowances from a system which, but for this section, would not be allowed to be paid at this date based on the dual member's age, may be received immediately or deferred to a later date. The allowances shall be actuarially adjusted from the earliest age upon which the combined service would have made such dual member eligible in that system.
(6) This section shall not apply to any disability benefit under:
(a) RCW 41.40.220; or
(b) The Washington state patrol retirement system established under chapter 43.43 RCW.
[ 1996 c 55 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.034 - Calculation of surviving spouse's death benefit.

RCW 41.54.034
Calculation of surviving spouse's death benefit.
(1) If a dual member dies in service in any system, the member's service in all systems may be combined for the sole purpose of determining the surviving spouse's eligibility to receive a death benefit from each of the member's current and prior systems.
(2) Each system shall use its own criteria to:
(a) Determine the surviving spouse's eligibility for a death benefit; and
(b) Calculate the death benefit based on service actually established in that system.
(3) The surviving spouse shall receive the same benefit from each system that would have been received if the member were active in the system at the time of death. The spouse shall be allowed to substitute the member's base salary from any system as the compensation used in calculating the allowance.
(4) This section shall not apply to the Washington state patrol retirement system established under chapter 43.43 RCW.
[ 1996 c 55 § 2.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.040 - Payment of retirement allowance and postretirement adjustments—Death benefit.

RCW 41.54.040
Payment of retirement allowance and postretirement adjustments—Death benefit.
(1) The allowances calculated under RCW 41.54.030, 41.54.032, and 41.54.034 shall be paid separately by each respective current and prior system. Any deductions from such separate payments shall be according to the provisions of the respective systems.
(2) Postretirement adjustments, if any, shall be applied by the respective systems based on the payments made under subsection (1) of this section.
(3) The department shall adopt rules under chapter 34.05 RCW to ensure that where a dual member has service in a system established under chapter 41.32, 41.40, 41.44, 41.35, 41.37, or 43.43 RCW; service in plan 2 of the system established under chapter 41.26 RCW; and service under the city employee retirement system for Seattle, Tacoma, or Spokane, the additional cost incurred as a result of the dual member receiving a benefit under this chapter shall be borne by the retirement system incurring the additional cost.
[ 2004 c 242 § 59; 1998 c 341 § 704; 1996 c 55 § 5. Prior: 1993 c 519 § 16; 1993 c 517 § 9; 1990 c 192 § 5; 1988 c 195 § 3; 1987 c 192 § 4.]
NOTES:
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Part headings not law—Effective date—1993 c 519: See notes following RCW 28A.400.212.
Purpose—1993 c 517: See note following RCW 41.26.420.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.070 - Benefits under chapter—Minimum and maximum.

RCW 41.54.070
Benefits under chapter—Minimum and maximum.
(1) The benefit granted by this chapter shall not result in a total benefit less than would have been received absent such benefit.
(2) The total sum of the retirement allowances received under this chapter shall not exceed the largest amount the dual member would receive if all the service had been rendered in any one system. When calculating the maximum benefit a dual member would receive: (a) Military service granted under RCW 41.40.170(3) or 43.43.260 shall be based only on service accrued under chapter 41.40 or 43.43 RCW, respectively; and (b) the calculation shall be made assuming that the dual member did not defer any allowances pursuant to RCW 41.54.030(3). When a dual member's combined retirement allowances would exceed the limitation imposed by this subsection, the allowances shall be reduced by the systems on a proportional basis, according to service. The limitation imposed by this subsection shall not apply to a dual member with:
(i) Less than fifteen years of service credit in a plan with a retirement benefit cap as defined by the department; and
(ii) Service credit in a plan with no retirement benefit cap.
[ 2007 c 207 § 3; 1996 c 55 § 6; 1988 c 195 § 4; 1987 c 192 § 7.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.080 - Benefits under chapter—Contractual rights not established.

RCW 41.54.080
Benefits under chapter—Contractual rights not established.
The benefits provided under RCW 41.54.010 through 41.54.070 are not provided to employees as a matter of contractual right and the legislature retains the right to alter or abolish these benefits at any time prior to a member's retirement.
[ 1987 c 192 § 8.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.090 - Benefits under chapter—Lump sum payment.

RCW 41.54.090
Benefits under chapter—Lump sum payment.
(1) The systems may pay a dual member a lump sum payment in lieu of a monthly benefit if the initial monthly benefit computed in accordance with RCW 41.54.030 would be less than fifty dollars. The lump sum payment shall be the greater of the actuarial equivalent of such monthly benefits or an amount equal to the individual's accumulated contributions plus accrued interest.
(2) It is the intent of the legislature that any member who receives a settlement under this section shall be deemed to be retired from the system making the lump sum payment.
[ 1988 c 195 § 6.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.100 - Transfer of membership under chapter 341, Laws of 1998—Benefits not diminished.

RCW 41.54.100
Transfer of membership under chapter 341, Laws of 1998—Benefits not diminished.
Persons who were members of the public employees' retirement system plan 2 prior to September 1, 2000, and were transferred or mandated into membership pursuant to chapter 341, Laws of 1998 shall suffer no diminution of benefits guaranteed to public employees' retirement system plan 2 members as of the date of their change in membership.
[ 1998 c 341 § 705.]
NOTES:
Effective date—1998 c 341: See RCW 41.35.901.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.900 - Effective dates—1987 c 192.

RCW 41.54.900
Effective dates—1987 c 192.
(1) Section 5 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1987.
(2) The remainder of this act shall take effect on July 1, 1988.
[ 1987 c 192 § 11.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.901 - Effective date—1988 c 195.

RCW 41.54.901
Effective date—1988 c 195.
This act shall take effect July 1, 1988.
[ 1988 c 195 § 7.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 41.54.902
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 102.]
NOTES:
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.010 - Declaration of purpose.

RCW 41.56.010
Declaration of purpose.
The intent and purpose of this chapter is to promote the continued improvement of the relationship between public employers and their employees by providing a uniform basis for implementing the right of public employees to join labor organizations of their own choosing and to be represented by such organizations in matters concerning their employment relations with public employers.
[ 1967 ex.s. c 108 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.020 - Application of chapter.

RCW 41.56.020
Application of chapter.
This chapter shall apply to any county or municipal corporation, or any political subdivision of the state of Washington, including district courts and superior courts, except as otherwise provided by RCW 54.04.170, 54.04.180, and chapters 41.59, 47.64, and 53.18 RCW.
[ 1999 c 217 § 1; 1994 c 297 § 1; 1993 c 76 § 2; 1992 c 36 § 1; 1989 c 275 § 1; 1987 c 135 § 1; 1985 c 7 § 107; 1983 c 3 § 98; 1967 ex.s. c 108 § 2.]
NOTES:
Severability—1987 c 135: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 135 § 4.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.022 - Application of chapter to University of Washington printing craft employees.

RCW 41.56.022
Application of chapter to University of Washington printing craft employees.
In addition to the entities listed in RCW 41.56.020, this chapter shall apply to the University of Washington with respect to the printing craft employees in the department of printing at the University of Washington.
[ 1987 c 484 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.024 - Application of chapter to classified employees of technical colleges.

RCW 41.56.024
Application of chapter to classified employees of technical colleges.
In addition to the entities listed in RCW 41.56.020, this chapter shall apply to classified employees of technical colleges as provided for in RCW 28B.50.874.
[ 1991 c 238 § 112.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.025 - Application of chapter to education providers under chapter 28A.193 RCW.

RCW 41.56.025
Application of chapter to education providers under chapter 28A.193 RCW.
This chapter applies to the bargaining unit of classified employees of school districts, educational service districts, or institutions of higher education that are education providers under chapter 28A.193 RCW. Such bargaining units must be limited to the employees working as education providers to juveniles in each adult correctional facility maintained by the department of corrections and must be separate from other bargaining units in school districts, educational service districts, or institutions of higher education.
[ 1998 c 244 § 12.]
NOTES:
Effective date—1998 c 244: See RCW 28A.193.900.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.0251 - Application of chapter to charter schools.

RCW 41.56.0251
Application of chapter to charter schools.
In addition to the entities listed in RCW 41.56.020, this chapter applies to any charter school established under chapter 28A.710 RCW. Any charter school established under chapter 28A.710 RCW is a separate employer from any school district, including the school district in which it is located.
[ 2023 c 102 § 29; 2016 c 241 § 137. Prior: 2013 c 2 § 307 (Initiative Measure No. 1240, approved November 6, 2012).]
NOTES:
Effective date—2016 c 241: See RCW 28A.710.901.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.026 - Application of chapter to individual providers under chapter 74.39A RCW.

RCW 41.56.026
Application of chapter to individual providers under chapter 74.39A RCW.
In addition to the entities listed in RCW 41.56.020, this chapter applies to individual providers who have contracts with the department under chapter 74.39A RCW.
[ 2018 c 278 § 28; 2002 c 3 § 12 (Initiative Measure No. 775, approved November 6, 2001).]
NOTES:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.027 - Application of chapter to passenger-only ferry employees.

RCW 41.56.027
Application of chapter to passenger-only ferry employees.
In addition to the entities listed in RCW 41.56.020, this chapter does apply to:
(1) Public employees of public transportation benefit areas providing passenger-only ferry service as provided in RCW 47.64.090; and
(2) Public employees of ferry districts providing passenger-only ferry service as provided in RCW 47.64.090.
[ 2003 c 91 § 2.]
NOTES:
Contingent effective date—2003 c 91: See note following RCW 47.64.090.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.035 - Information to be provided to exclusive bargaining representative by employer.

RCW 41.56.035
Information to be provided to exclusive bargaining representative by employer.
(1) If the employer has the information in the employer's records, the employer shall provide to the exclusive bargaining representative the following information for each employee in an appropriate bargaining unit:
(a) The employee's name and date of hire;
(b) The employee's contact information, including: (i) Cellular, home, and work telephone numbers; (ii) work and the most up-to-date personal email addresses; and (iii) home address or personal mailing address; and
(c) Employment information, including the employee's job title, salary or rate of pay, and work site location or duty station.
(2) The employer must provide the information to the exclusive bargaining representative in an editable digital file format:
(a) Within 21 business days from the date of hire for a newly hired employee in an appropriate bargaining unit; and
(b) Every 120 business days for all employees in an appropriate bargaining unit.
(3) When there is a state-level representative of the exclusive bargaining representative for a bargaining unit, the employer may provide the information to the state-level representative.
(4) The exclusive bargaining representative may use the information provided under this section only for representation purposes. This section does not give authority to any exclusive bargaining representative to sell or provide access to lists of employees or the information provided to the exclusive bargaining representative pursuant to this section requested for commercial purposes.
(5) If an employer fails to comply with this section, the exclusive bargaining representative may bring a court action to enforce compliance. The court may order the employer to pay costs and reasonable attorneys' fees incurred by the exclusive bargaining representative.
(6)(a) This section does not apply to an employer specifically prohibited under its requirements as a cleared United States department of defense contractor from providing the employee information listed under subsection (1) of this section only for those employees covered by such requirements. The employer is required to provide the employee information under subsection (1) of this section for all employees not covered by the employer's requirements as a cleared United States department of defense contractor.
(b) This subsection (6) does not limit the employee information an employer must provide an exclusive bargaining representative pursuant to its duty to bargain in good faith or any other duty or obligation under applicable collective bargaining law, nor does this subsection (6) prohibit bargaining over the provision of employee information under applicable collective bargaining law.
[ 2023 c 204 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.037 - Presenting information about the exclusive bargaining representative—Access to new employees.

RCW 41.56.037
Presenting information about the exclusive bargaining representative—Access to new employees.
(1)(a) The employer must provide the exclusive bargaining representative reasonable access to new employees of the bargaining unit for the purposes of presenting information about their exclusive bargaining representative to the new employee. The presentation may occur during a new employee orientation provided by the employer, or at another time mutually agreed to by the employer and the exclusive bargaining representative.
(b) No employee may be mandated to attend the meetings or presentations by the exclusive bargaining representative.
(c) "Reasonable access" for the purposes of this section means:
(i) The access to the new employee occurs within ninety days of the employee's start date within the bargaining unit;
(ii) The access is for no less than thirty minutes; and
(iii) The access occurs during the new employee's regular work hours at the employee's regular worksite, or at a location mutually agreed to by the employer and the exclusive bargaining representative.
(2) Nothing in this section prohibits an employer from agreeing to longer or more frequent new employee access, but in no case may an employer agree to less access than required by this section.
[ 2018 c 250 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.040 - Right of employees to organize and designate representatives without interference.

RCW 41.56.040
Right of employees to organize and designate representatives without interference.
No public employer, or other person, shall directly or indirectly, interfere with, restrain, coerce, or discriminate against any public employee or group of public employees in the free exercise of their right to organize and designate representatives of their own choosing for the purpose of collective bargaining, or in the free exercise of any other right under this chapter.
[ 1967 ex.s. c 108 § 4.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.050 - Disagreement in selection of bargaining representative—Disagreement as to merger of bargaining units—Intervention by commission.

RCW 41.56.050
Disagreement in selection of bargaining representative—Disagreement as to merger of bargaining units—Intervention by commission.
(1) In the event that a public employer and public employees are in disagreement as to the selection of a bargaining representative, the commission shall be invited to intervene as is provided in RCW 41.56.060 through 41.56.090.
(2) In the event that a public employer and a bargaining representative are in disagreement as to the merger of two or more bargaining units in the employer's workforce that are represented by the same bargaining representative, the commission shall be invited to intervene as is provided in RCW 41.56.060 through 41.56.090.
[ 2011 c 222 § 1; 1975 1st ex.s. c 296 § 16; 1967 ex.s. c 108 § 5.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.060 - Determination of bargaining unit—Bargaining representative.

RCW 41.56.060
Determination of bargaining unit—Bargaining representative.
(1) The commission, after hearing upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative, the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the public employees; the history of collective bargaining by the public employees and their bargaining representatives; the extent of organization among the public employees; and the desire of the public employees. The commission shall determine the bargaining representative by: (a) Examination of organization membership rolls; (b) comparison of signatures on organization bargaining authorization cards, as provided under RCW 41.56.095; or (c) conducting an election specifically therefor.
(2) For classified employees of school districts and educational service districts:
(a) Appropriate bargaining units existing on July 24, 2005, may not be divided into more than one unit without the agreement of the public employer and the certified bargaining representative of the unit; and
(b) In making bargaining unit determinations under this section, the commission must consider, in addition to the factors listed in subsection (1) of this section, the avoidance of excessive fragmentation.
[ 2019 c 230 § 7; 2005 c 232 § 1; 1975 1st ex.s. c 296 § 17; 1967 ex.s. c 108 § 6.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.070 - Election to ascertain bargaining representative.

RCW 41.56.070
Election to ascertain bargaining representative.
In the event the commission elects to conduct an election to ascertain the exclusive bargaining representative, and upon the request of a prospective bargaining representative showing written proof of at least thirty percent representation of the public employees within the unit, the commission shall hold an election by secret ballot to determine the issue. The ballot shall contain the name of such bargaining representative and of any other bargaining representative showing written proof of at least ten percent representation of the public employees within the unit, together with a choice for any public employee to designate that he or she does not desire to be represented by any bargaining agent. Where more than one organization is on the ballot and neither of the three or more choices receives a majority vote of the public employees within the bargaining unit, a runoff election shall be held. The runoff ballot shall contain the two choices which received the largest and second-largest number of votes. No question concerning representation may be raised within one year of a certification or attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than ninety nor less than sixty days prior to the expiration date of the agreement. Any agreement which contains a provision for automatic renewal or extension of the agreement shall not be a valid agreement; nor shall any agreement be valid if it provides for a term of existence for more than three years, except that any agreement entered into between school districts, cities, counties, or municipal corporations, and their respective employees, may provide for a term of existence of up to six years.
[ 2012 c 117 § 83. Prior: 2007 c 75 § 2; 2007 c 75 § 1; 1975 1st ex.s. c 296 § 18; 1967 ex.s. c 108 § 7.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.080 - Certification of bargaining representative—Scope of representation.

RCW 41.56.080
Certification of bargaining representative—Scope of representation.
The bargaining representative which has been determined to represent a majority of the employees in a bargaining unit shall be certified by the commission as the exclusive bargaining representative of, and shall be required to represent, all the public employees within the unit without regard to membership in said bargaining representative: PROVIDED, That any public employee at any time may present his or her grievance to the public employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect, and if the exclusive bargaining representative has been given reasonable opportunity to be present at any initial meeting called for the resolution of such grievance.
[ 2012 c 117 § 84; 1975 1st ex.s. c 296 § 19; 1967 ex.s. c 108 § 8.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.090 - Rules and regulations.

RCW 41.56.090
Rules and regulations.
The commission shall promulgate, revise or rescind such rules and regulations as it may deem necessary or appropriate to administer the provisions of this chapter in conformity with the intent and purpose of this chapter and consistent with the best standards of labor-management relations.
[ 1975 1st ex.s. c 296 § 20; 1967 ex.s. c 108 § 9.]
NOTES:
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.095 - Certification of bargaining representative—Cross-check.

RCW 41.56.095
Certification of bargaining representative—Cross-check.
(1) Except as provided under subsection (2) of this section, if only one employee organization is seeking certification as the 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.
(2) This section does not apply to those employees under RCW 41.56.026, 41.56.028, 41.56.029, and 41.56.510.
[ 2019 c 230 § 8.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.100 - Authority and duty of employer to engage in collective bargaining—Limitations—Mediation, grievance procedures upon failure to agree.

RCW 41.56.100
Authority and duty of employer to engage in collective bargaining—Limitations—Mediation, grievance procedures upon failure to agree.
(1) A public employer shall have the authority to engage in collective bargaining with the exclusive bargaining representative and no public employer shall refuse to engage in collective bargaining with the exclusive bargaining representative. However, a public employer is not required to bargain collectively with any bargaining representative concerning any matter which by ordinance, resolution, or charter of said public employer has been delegated to any civil service commission or personnel board similar in scope, structure, and authority to the board created by chapter 41.06 RCW.
(2) Upon the failure of the public employer and the exclusive bargaining representative to conclude a collective bargaining agreement, any matter in dispute may be submitted by either party to the commission. This subsection does not apply to negotiations and mediations conducted between a school district employer and an exclusive bargaining representative under RCW 28A.657.050.
(3) If a public employer implements its last and best offer where there is no contract settlement, allegations that either party is violating the terms of the implemented offer shall be subject to grievance arbitration procedures if and as such procedures are set forth in the implemented offer, or, if not in the implemented offer, if and as such procedures are set forth in the parties' last contract.
[ 2010 c 235 § 801; 1989 c 45 § 1; 1975 1st ex.s. c 296 § 21; 1967 ex.s. c 108 § 10.]
NOTES:
Finding—2010 c 235: See note following RCW 28A.405.245.
Arbitration of labor disputes: Chapter 49.08 RCW.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.110 - Employee authorization of membership dues and other payments—Revocation.

RCW 41.56.110
Employee authorization of membership dues and other payments—Revocation.
(1) Upon the authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer shall deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the exclusive bargaining representative.
(2)(a) 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.
(b) 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.
(c) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.
(3)(a) 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.
(b) 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.
(4) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.
(5) 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 § 9; 2018 c 247 § 2; 1973 c 59 § 1; 1967 ex.s. c 108 § 11.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.120 - Right to strike not granted.

RCW 41.56.120
Right to strike not granted.
Nothing contained in this chapter shall permit or grant any public employee the right to strike or refuse to perform his or her official duties.
[ 2012 c 117 § 85; 1967 ex.s. c 108 § 12.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.122 - Collective bargaining agreements—Binding arbitration.

RCW 41.56.122
Collective bargaining agreements—Binding arbitration.
Subject to RCW 41.58.070, a collective bargaining agreement may provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters contained in a collective bargaining agreement.
[ 2021 c 13 § 2; 2019 c 230 § 11; 1975 1st ex.s. c 296 § 22; 1973 c 59 § 2.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.123 - Collective bargaining agreements—Effect of termination—Application of section.

RCW 41.56.123
Collective bargaining agreements—Effect of termination—Application of section.
(1) After the termination date of a collective bargaining agreement, all of the terms and conditions specified in the collective bargaining agreement shall remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
(2) This section does not apply to provisions of a collective bargaining agreement which both parties agree to exclude from the provisions of subsection (1) of this section and to provisions within the collective bargaining agreement with separate and specific termination dates.
(3) This section shall not apply to the following:
(a) Bargaining units covered by RCW 41.56.430 et seq. for fact-finding and interest arbitration;
(b) Collective bargaining agreements authorized by chapter 53.18 RCW; or
(c) Collective bargaining agreements authorized by chapter 54.04 RCW.
(4) This section shall not apply to collective bargaining agreements in effect or being bargained on July 23, 1989.
[ 1993 c 398 § 4; 1989 c 46 § 1.]
NOTES:
Effective dates—1993 c 398: See note following RCW 41.56.030.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.125 - Arbitrators—Selection—Additional method.

RCW 41.56.125
Arbitrators—Selection—Additional method.
Except for law enforcement personnel grievance arbitrations subject to RCW 41.58.070, in addition to any other method for selecting arbitrators, the parties may request the public employment relations commission to, and the commission shall, appoint a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a labor dispute between such public employer and such bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator shall conduct such arbitration of such dispute in a manner as provided for in the collective bargaining agreement: PROVIDED, That the commission shall not collect any fees or charges from such public employer or such bargaining representative for services performed by the commission under the provisions of this chapter: PROVIDED FURTHER, That the provisions of chapter 49.08 RCW shall have no application to this chapter.
[ 2021 c 13 § 3; 1975 1st ex.s. c 296 § 23; 1973 c 59 § 3.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.130 - Rules and regulations of Washington state personnel resources board—Mandatory subjects.

RCW 41.56.130
Rules and regulations of Washington state personnel resources board—Mandatory subjects.
See RCW 41.06.150.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.140 - Unfair labor practices for public employer enumerated.

RCW 41.56.140
Unfair labor practices for public employer enumerated.
It shall be an unfair labor practice for a public employer:
(1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;
(2) To control, dominate, or interfere with a bargaining representative;
(3) To discriminate against a public employee who has filed an unfair labor practice charge;
(4) To refuse to engage in collective bargaining with the certified exclusive bargaining representative.
[ 2011 c 222 § 2; 1969 ex.s. c 215 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.150 - Unfair labor practices for bargaining representative enumerated.

RCW 41.56.150
Unfair labor practices for bargaining representative enumerated.
It shall be an unfair labor practice for a bargaining representative:
(1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;
(2) To induce the public employer to commit an unfair labor practice;
(3) To discriminate against a public employee who has filed an unfair labor practice charge;
(4) To refuse to engage in collective bargaining.
[ 1969 ex.s. c 215 § 2.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.160 - Commission to prevent unfair labor practices and issue remedial orders and cease and desist orders.

RCW 41.56.160
Commission to prevent unfair labor practices and issue remedial orders and cease and desist orders.
(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 § 1; 1994 c 58 § 1; 1983 c 58 § 1; 1975 1st ex.s. c 296 § 24; 1969 ex.s. c 215 § 3.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.165 - Applicability of administrative procedure act to commission action.

RCW 41.56.165
Applicability of administrative procedure act to commission action.
Actions taken by or on behalf of the commission shall be pursuant to chapter 34.05 RCW, or rules adopted in accordance with chapter 34.05 RCW, and the right of judicial review provided by chapter 34.05 RCW shall be applicable to all such actions and rules.
[ 1994 c 58 § 2.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.210 - Department to prevent unfair labor practices and issue remedial orders—Application to state civil service employees.

RCW 41.56.210
Department to prevent unfair labor practices and issue remedial orders—Application to state civil service employees.
See RCW 41.06.340.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.220 - Right of employee representing bargaining unit to be absent from employment during legislative session—Replacement.

RCW 41.56.220
Right of employee representing bargaining unit to be absent from employment during legislative session—Replacement.
Any public employee who represents fifty percent or more of a bargaining unit or who represents on a statewide basis a group of five or more bargaining units shall have the right to absent himself or herself from his or her employment without pay and without suffering any discrimination in his or her future employment and without losing benefits incident to his or her employment while representing his or her bargaining unit at the legislature of the state of Washington during any regular or special session thereof: PROVIDED, That such employee is replaced by his or her bargaining unit with an employee who shall be paid by the employer and who shall be qualified to perform the duties and obligations of the absent member in accordance with the rules of the civil service or other standards established by his or her employer for such absent employee.
[ 2012 c 117 § 86; 1980 c 87 § 17; 1969 ex.s. c 174 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.230 - Rights of employees and bargaining representatives of school districts dissolved due to financial insolvency.

RCW 41.56.230
Rights of employees and bargaining representatives of school districts dissolved due to financial insolvency.
Notwithstanding any other provision of this chapter, employees and bargaining representatives of school districts that are dissolved due to financial insolvency shall have resort to collective bargaining, including grievance arbitration and other processes, only to the extent provided by RCW 28A.315.229.
[ 2012 c 186 § 23.]
NOTES:
Effective date—2012 c 186: See note following RCW 28A.315.025.
Rule-making authority—2012 c 186: See RCW 28A.315.902.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.430 - Uniformed personnel—Legislative declaration.

RCW 41.56.430
Uniformed personnel—Legislative declaration.
The intent and purpose of chapter 131, Laws of 1973 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; that to promote such dedicated and uninterrupted public service there should exist an effective and adequate alternative means of settling disputes.
[ 1973 c 131 § 1.]
NOTES:
Construction—1973 c 131: See RCW 41.56.905.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.440 - Uniformed personnel—Negotiations—Declaration of an impasse—Appointment of mediator.

RCW 41.56.440
Uniformed personnel—Negotiations—Declaration of an impasse—Appointment of mediator.
Negotiations between a public employer and the bargaining representative in a unit of uniformed personnel shall be commenced at least five months prior to the submission of the budget to the legislative body of the public employer. 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 forthwith 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: PROVIDED, That a mediator does not have a power of compulsion.
[ 1979 ex.s. c 184 § 1; 1975-'76 2nd ex.s. c 14 § 1; 1975 1st ex.s. c 296 § 28; 1973 c 131 § 3.]
NOTES:
Construction—1973 c 131: See RCW 41.56.905.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.452 - Interest arbitration panel a state agency.

RCW 41.56.452
Interest arbitration panel a state agency.
An interest arbitration panel created pursuant to RCW 41.56.450, in the performance of its duties under chapter 41.56 RCW, 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.
[ 1983 c 287 § 3; 1980 c 87 § 19.]
NOTES:
Severability—1983 c 287: See note following RCW 41.56.450.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.56 - Public Employees' Collective Bargaining. › 41.56.470 - Uniformed personnel—Arbitration panel—Rights of parties.

RCW 41.56.470
Uniformed personnel—Arbitration panel—Rights of parties.
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 or her rights or position under chapter 131, Laws of 1973.
[ 2012 c 117 § 88; 1973 c 131 § 6.]
NOTES:
Construction—1973 c 131: See RCW 41.56.905.