SB 5503 — Concerning public employee collective bargaining processes.

S-1777.1S-0731.2 SUBSTITUTE SENATE BILL 5503 State of Washington 69th Legislature 2025 Regular Session By Senate Labor & Commerce (originally sponsored by Senators Valdez, Alvarado, Bateman, Conway, Hasegawa, Nobles, and Saldaña)Saldaña READRead FIRSTfirst TIMEtime 02/21/25.01/27/25.

Referred to Committee on Labor & Commerce.

(1) For any new organizing petition to form a new bargaining unit of currently unrepresented workers or to add unrepresented workers to an existing bargaining unit, regardless of whether the election is by mail ballot or cross-check, the public employment relations commission mustmust: require employers and employee organizations to submit an offer of proof on challenged employees, either concurrent with the employer's submission of a list of employees or at a date determined by the commission after a showing of interest.

(2)(a) IfRequire anemployers and employee organizationorganizations files a petition to representsubmit aan unitoffer of currentlyproof unrepresentedon challenged employees, andeither theconcurrent commissionwith determines the petitioned-foremployer's unitsubmission isof inappropriate,a butlist thatof theemployees bargainingor unitat woulda bedate appropriatedetermined if it included employees currently represented by another employee organization, the commission mustafter determinea whethershowing theof bargaininginterest; unit currently p.

1and SSB(b) 5503Enforce representeda by10 thecalendar otherday employeedeadline organizationfor isemployers anto appropriateprovide bargainingthe unitrequired and:names and addresses of employees.

If an employer misses the deadline, the commission may presume that the employees have met the applicable threshold for a showing of interest.

An employer who has missed the deadline has until 14 calendar days prior to an election to show that the applicable threshold was not met, and the p.

1 SB 5503 burden of proof is on the employer to show that the applicable threshold was not met.

(2) If an employee organization files a petition to represent a unit of currently unrepresented employees, and the commission determines the petitioned-for unit is inappropriate, but that the bargaining unit would be appropriate if it included employees currently represented by another employee organization, the commission must determine whether the bargaining unit currently represented by the other employee organization is an appropriate bargaining unit and:

(1) The commissioncommission's orhearing presidingofficers officer may:

and (b) Draw an adverse inference from the refusal of a party to comply with subpoenas issued by the commission or presidinghearing officer, subject to subsection (2) of this section.

(2) If a union invokes privilege under RCW 5.60.060(11) and 49.36.040 when refusing to comply with a subpoena request, the commission or presidinghearing officer may not draw an adverse inference from the union's refusal to comply.

When a union invokes such privilege, thea commissionhearing orexaminer presiding officer must conduct an in camera review to determine if the records are privileged.

(2)p. ((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.)) If a single employee organization is the exclusive bargaining representative for two or more units, upon petition by the employee organization, the units may be consolidated into a single larger unit if the commission considers the larger unit to be appropriate.

2 SB 5503 (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.)) If p.a single employee organization is the exclusive bargaining representative for two or more units, upon petition by the employee organization, the units may be consolidated into a single larger unit if the commission considers the larger unit to be appropriate.

2If SSB 5503 consolidation is appropriate, the commission shall certify the employee organization as the exclusive bargaining representative of the new unit.

3 SSBSB 5503