SB 6117 — Concerning collective bargaining for employees not covered by the national labor relations act.

S-4440.2S-3824.1 SUBSTITUTE SENATE BILL 6117 State of Washington 69th Legislature 2026 Regular Session By Senate Labor & Commerce (originally sponsored by Senators Saldaña, Conway, Alvarado, Hasegawa, Nobles, Stanford, and Valdez)Valdez READRead FIRSTfirst TIMEtime 02/02/26.01/14/26.

Referred to Committee on Labor & Commerce.

Access to the collective and individual protections afforded by established federal and state labor laws, as well as ensuring stable, effective, and efficient labor-management relations, is a vital state interest that has critical benefits to the state's economic and social development.

Following(1) theThis effectivechapter dateapplies of this act, should federal law cease to preemptany theemployer, regulationemployee, oftrade, privateor sectorindustry labor-managementnot relationsregulated inby the state,national aslabor arelations wholeact or anythe portionrailway thereof,labor withact, regardexcept tothose anygoverned employer,by employees,chapters trade,49.37 orand industry49.39 whichRCW, hador beenany subjectother tostate federal labor law regulation,explicitly thiscovering chaptercollective appliesbargaining infor fullspecified forceemployers, and effect to such employer, employees, andtrades, p.or industries.

1p. SSB 6117 trade or industry entities.

Additionally,1 followingSB the6117 effective(2) dateShould offederal thislaw act,cease shouldto preempt the nationalregulation laborof relationsprivate boardsector determinelabor-management thatrelations anyin employerthe orstate, employees, as defineda inwhole section 3 of this act, or tradeany orportion industrythereof, fallswith outsideregard theto previouslyany existingemployer, jurisdictionemployees, oftrade, the national labor relations act, or shouldindustry, the board decline to exercise jurisdiction, or be deprived of its previous jurisdiction over the same, this chapter applies in full force and effect to such employer, employees, trade,and trade or industry.industry entities.

Additionally, should the national labor relations board determine that any employer or employees, as defined in section 3 of this act, or trade or industry falls outside the jurisdiction of the national labor relations act, or should the board decline jurisdiction or be deprived of jurisdiction over the same, this chapter applies in full force and effect to such employer, employees, trade, or industry.

(5)(a) "Employee" means any employee of an employer, including of a consumer directed employer as defined by RCW 74.39A.009, and is not limited to the employees of a particular employer, and includes any individual whose work has ceased as a consequence of, or in connectionp. with, any current labor dispute, and who has not obtained any other regular and substantially equivalent employment.

2 SB 6117 connection with, any current labor dispute, and who has not obtained any other regular and substantially equivalent employment.

p.(i) Any individual employed by their parent or spouse unless also employed by a third party for the work performed;

2 SSB 6117 (i) Any individual employed by their parent or spouse unless also employed by a third party for the work performed;

Upon application by a labor organization that held the status of an exclusive bargaining representative under federal law by certification or voluntary recognition immediately prior to the time that state regulation of private sector labor relations is no longer preempted as applied to that collective bargaining relationship, the commission shall promptly certify the p.

3 SSBSB 6117 prior to the time that state regulation of private sector labor relations is no longer preempted as applied to that collective bargaining relationship, the commission shall promptly certify the exclusive bargaining representative under this chapter.

NEWp. SECTION.

4 SB 6117 NEW SECTION.

(1) If only one laboremployee organization is seeking certification as an exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may determine the question concerning p.representation by conducting a cross-check comparing the bargaining authorization cards against the employment records of the employer.

4 SSB 6117 representation by conducting a cross-check comparing the bargaining authorization cards against the employment records of the employer.

NEWp. SECTION.

5 SB 6117 NEW SECTION.

Where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than 90 nor less than 60 days prior to the p.expiration date of the agreement.

5Any SSBagreement 6117which expirationcontains datea provision for automatic renewal or extension of the agreement.agreement is not effective as a bar to a question of representation if it extends that total term of the agreement's existence for more than three years.

Any agreement which contains a provision for automatic renewal or extension of the agreement is not effective as a bar to a question concerning representation if it extends the total term of the agreement's existence for more than three years.

(1) The commission shares concurrent jurisdiction with superior courts to prevent and to remedy any violation of RCW 49.32.02049.32.020. with regard to any employer, employees, trade, or industry covered under this act that had been subject to federal labor law regulation.

(1) Notwithstanding the possible cessation of any duty on the part of any employer or labor organization to comply with the terms of any collective bargaining agreement reached under the auspices of federal labor law, any such agreement reached between any employer or exclusive bargaining p.

6 SSBSB 6117 agreement reached between any employer or exclusive bargaining representative as defined in this chapter remains a contractually binding agreement and is enforceable on its terms.

Each party must submit that party's last and final proposals upon which there exists an p.

7 SSBSB 6117 that party's last and final proposals upon which there exists an impasse.

The arbitrator or arbitration panel has the power to administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be deemed by the arbitrator to be material to a just determination of p.

8 SSBSB 6117 deemed by the arbitrator to be material to a just determination of the issues in dispute.

(2) The commission may not collect any fees or charges from such employer or such exclusive bargaining representative for services performed by the commission under the provisions of this chapter.

9 SSBSB 6117 (3)(2) The provisionscommission ofmay chapternot 49.08collect RCWany dofees notor applycharges tofrom such employer or such exclusive bargaining representative for services performed by the commission under the provisions of this chapter.

(3) The provisions of chapter 49.08 RCW do not apply to this chapter.

NEWp. SECTION.

10 SB 6117 NEW SECTION.

Actions taken by or on behalf of the commission must 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 is applicable to all such actions and p.rules.

10 SSB 6117 rules.

(2) WithThe regard to any employer, employees, trade, or industry covered under this act that had been subject to federal labor law regulation the public employment relations commission has concurrent jurisdiction to prevent and to remedy any violation of the rights set forth in subsection (1) of this section.

(1) A spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of thep. spouse or domestic partner;

nor11 canSB either6117 duringthe marriagespouse or during the domestic partnershippartner; or afterward, be without the consent p.

11nor SSBcan 6117either during marriage or during the domestic partnership or afterward, be without the consent of the other, examined as to any communication made by one to the other during the marriage or the domestic partnership.