HB 1141 — Concerning collective bargaining for agricultural cannabis workers.

ENGROSSEDH-0168.1 SUBSTITUTE HOUSE BILL 1141 State of Washington 69th Legislature 2025 Regular Session By House Labor & Workplace Standards (originally sponsored by Representatives Ortiz-Self, Fosse, Ryu, Leavitt, Stearns, Farivar, Berry, Reed, Ramel, Fitzgibbon, Macri, Cortes, Obras, Doglio, Bronoske, Gregerson, Simmons, Peterson, Street, Goodman, Wylie, Kloba, Ormsby, Scott, and Hill)Hill READPrefiled FIRST12/30/24. TIME 01/23/25.

Read first time 01/13/25.

Referred to Committee on Labor & Workplace Standards.

1 ESHBHB 1141 proposal or be required to make a concession unless otherwise provided in this chapter.

(5)(a) "Employer" means an employer that is operating pursuant to a cannabis producer's license issued under RCW 69.50.325(1), or a cannabis processor's license issued under RCW 69.50.325(2) if the licensed premises is colocatedcollocated on a farm licensed for cannabis production.

2 ESHBHB 1141 dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment.

(10) "Unfair labor practice" means any activity listed in sections 1415 and 1516 of this act.

3 ESHBHB 1141 (a) Fewer than 12 months have elapsed since the last certification or election;

(1)(a) Upon request of a prospective bargaining representative showing written proof of at least 30 percent representation of the employees within the unit, the commission shall hold an election by ballot to determine the issue.

(b) The ballot must contain the name of the prospective bargaining representative and of any other bargaining representative showing written proof of at least 10 percent representation of the employees within the unit, together with a choice for any employee to designate that they do not desire to be represented by any bargaining representative.

(2)(a) Upon request of a prospective bargaining representative showing written proof of at least 50 percent representation of the employees within a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission shall hold an election through a cross-check process to determine the issue.

(2) An employee at any time may present their grievance to the 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 p.

4 ESHBHB 1141 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 the grievance.

If only one employee organization is seeking certification as exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may determine the question concerning representation by conducting a cross-check comparing the employee organization's membership records or bargaining authorization cards against the employment records of the employer.

A determination through a cross-check process may be made upon a showing of interest submitted in support of the exclusive bargaining representative by more than 50 percent of the employees.

The commission may adopt rules to implement this section.

NEW SECTION.

Sec.

9.

9.10.

If the employer receives a request for authorizationp. of deductions, the employer must forward the request to the exclusive bargaining representative as soon as practicable.

5 HB 1141 authorization of deductions, the employer must forward the request to the exclusive bargaining representative as soon as practicable.

(d) An employee's request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the p.exclusive bargaining representative in accordance with the terms and conditions of the authorization.

5 ESHB 1141 exclusive bargaining representative in accordance with the terms and conditions of the authorization.

10.11.

11.12.

(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 thep. collective bargaining agreement with separate and specific termination dates.

6 HB 1141 the collective bargaining agreement with separate and specific termination dates.

12.13.

In addition to any other method for selecting arbitrators, the parties may request the commission to 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 the employer and the bargaining representative p.arising from the application of the matters contained in a collective bargaining agreement.

6 ESHB 1141 arising from the application of the matters contained in a collective bargaining agreement.

13.14.

(4)p. The exclusive bargaining representative may use the information provided under this section only for representation purposes.

7 HB 1141 (4) The exclusive bargaining representative may use the information provided under this section only for representation purposes.

p.NEW SECTION.

7 ESHB 1141 NEW SECTION.

14.15.

(2) Control, dominate, or interfere with a bargaining representative;representative, or engage in or create the impression of surveillance of activities protected by this chapter;

(3) EngageDiscriminate inagainst oran createemployee thewho impressionhas offiled surveillancean ofunfair activitieslabor protectedpractice bycharge or who has given testimony under this chapter;

(4) Discriminate against an employee who has filed an unfair labor practice charge or who(4) hasRefuse givento testimonyengage underin thiscollective chapter;bargaining.