HB 2471 — Concerning collective bargaining for employees not covered by the national labor relations act.

ENGROSSEDH-2889.1 SUBSTITUTE HOUSE BILL 2471 State of Washington 69th Legislature 2026 Regular Session By House Labor & Workplace Standards (originally sponsored by Representatives Scott, Berry, Pollet, Parshley, Doglio, and Macri)Macri READRead FIRSTfirst TIMEtime 02/03/26.01/14/26.

Referred to Committee on Labor & Workplace Standards.

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. ESHB 2471 trade or industry entities.

Additionally,1 followingHB the2471 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 HB 2471 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 ESHB 2471 (i) Any individual employed by their parent or spouse unless also employed by a third party for the work performed;

or (v) Any individualother employedperson bywho anis employer, trade, or industry that was not underemployed theby jurisdictionan ofemployer the national labor relations act or any other federal labor relations law as ofherein thedefined. effective date of this section;

or (vi) Any other person who is not employed by an employer as herein defined.

Upon application by a labor organization that held the status of an exclusive bargaining representative under federal law by certification or voluntary recognition immediately p.

3 ESHBHB 2471 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 exclusive bargaining representative under this chapter.

4 ESHBHB 2471 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 representation by conducting a cross-check comparing the bargaining authorization cards against the employment records of the employer.

5 ESHBHB 2471 NEW SECTION.

Any agreement which contains a provision for automatic renewal or extension of the agreement is not effective as a bar to a question concerningof representation if it extends thethat 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.

p.NEW SECTION.

6 ESHB 2471 NEW SECTION.

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

6 HB 2471 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.

Thereafter, they may agree in p.writing to continue bargaining on a month-to-month basis.

7 ESHB 2471 writing to continue bargaining on a month-to-month basis.

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

7 HB 2471 that party's last and final proposals upon which there exists an impasse.

The rules of evidence prevailing in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other data deemed relevant by the chair of the arbitration panel may be received in p.evidence.

8 ESHB 2471 evidence.

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 deemedp. by the arbitrator to be material to a just determination of the issues in dispute.

8 HB 2471 deemed by the arbitrator to be material to a just determination of the issues in dispute.

The arbitrator shall conduct such arbitration of such p.dispute in a manner as provided for in the collective bargaining agreement.

9p. ESHB 2471 dispute in a manner as provided for in the collective bargaining agreement.

9 HB 2471 (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.

10 ESHBHB 2471 NEW SECTION.

(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 p.

11 ESHBHB 2471 (1) A spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner;

(4) Subject to the limitations under RCW 71.05.217 (6) and (7), a physician or surgeon or osteopathic physician or surgeon or podiatric physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired p.in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows: