SB 5623 — Strengthening the rights of workers through collective bargaining by addressing authorizations and revocations, certifications, and the authority to deduct and accept union dues and fees.

S-1595.2SUBSTITUTES-0983.1SENATE SENATE BILL 5623State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Labor & Commerce (originally sponsored by Senators Van De Wege, Das, Hunt, Salomon, Keiser, Saldaña, Conway, and Hasegawa)READHasegawaRead FIRSTfirst TIMEtime 02/22/19.AN01/25/19.Referred to Committee on Labor & Commerce.AN ACT Relating to strengthening the rights of workers through collective bargaining by addressing authorizations and revocations, certifications, and the authority to deduct and accept union dues and fees;

adding a new sectionssection to chapter 4.24 RCW;

A new section is added to chapter 41.56 RCW to read as follows:(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 maymay, upon the concurrence of the employer and the employee organization, 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.employees.(2) This section does not apply to those employees under RCW 41.56.026, 41.56.028, 41.56.029, and 41.56.510.Sec.

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.Sec.

((IfIf the governor and the exclusive bargaining representative of a bargaining unit of individual providers enter into a collective bargaining agreement that meets the requirements in subsection (1)(b)(i)(1)(b)(((i) or (ii)(ii))) of this section, and the state as payor, but not as the employer, contracts with a third-party entity to perform its obligations as set forth in those subsections, and that third-party contracts with the exclusive bargaining representative to perform voluntary deductions for individual providers, the exclusive bargaining representative may direct the third-party to make the deductions required by the collective bargaining agreement, at the expense of the exclusive bargaining representative, so long as such deductions by the exclusive bargaining representative do not conflict with any federal or state law.))Thelaw.Sec. exclusive bargaining representative of individual providers may designate a third-party entity to act as the individual provider's agent in receiving payments from the state to the individual provider, so long as the individual provider has entered into an agency agreement with a third-party entity for the purposes of deducting and remitting voluntary payments to the exclusive bargaining representative.

A third-party entity that receives such payments is responsible for making and remitting deductions authorized by the individual provider.

The costs of such deductions must be paid by the exclusive bargaining representative.Sec.

The petition must indicate the name, address, and telephone number of any employee organization known to claim an interest in the bargaining unit.(4) A petition filed by an employer must be supported by credible evidence demonstrating the good faith basis on which the employer claims the existence of a question concerning the representation of its faculty.(5) Any employee organization which makes a confidential showing to the commission of credible evidence demonstrating that it has the support of at least ten percent of the faculty in the bargaining unit involved is entitled to intervene in proceedings under this section and to have its name listed as a choice on the ballot in an election conducted by the commission.(6) The commission shall determine any question concerning representation by conducting a secret ballot election among the faculty members in the bargaining unit, except under the following circumstances:(a) 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((,may, upon the concurrence of the employer and the employee organization,))organization, 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.

or(b) If the commission determines that a serious unfair labor practice has been committed which interfered with the election process and precludes the holding of a fair election, 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.(c)employer.(7) The commission may adopt rules to implement this subsection (6).(7) The representation election ballot must contain a choice for each employee organization qualifying under subsection (3) or (5) of this section, together with a choice for no representation.

A new section is added to chapter 41.80 RCW to read as follows: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 maymay, upon the concurrence of the employer and the employee organization, 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.employees.Sec.

The commission may adopt rules to implement this section.Sec.

or))includes requirements for deductions of other payments ((other than the deduction under (b)(i) of this subsection)), the employer must make such deductions upon ((written)) authorization of the employee.(((4) Employee organizations that before July 1, 2004, were entitled to the benefits of this section shall continue to be entitled to these benefits.))(b)benefits.))(c) AnUpon employee'sreceiving written,notice electronic,of orthe recordedemployee's voiceauthorization, authorizationthe toemployer haveshall deduct from the employeremployee's deductsalary membership dues fromand remit the amounts to the exclusive bargaining representative.(d) The employee's salaryauthorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.(e) An employee's request to revoke authorization for payroll deductions must be madein writing and submitted by the employee to the exclusive bargaining representative.representative in accordance with the terms and conditions of the authorization.(f) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction effective on the first payroll after receipt of the confirmation.(g) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.Sec.

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.(c) Upon receiving notice of the employee's authorization, the employer shall deduct from the employee's salary membership dues and remit the amounts to the exclusive bargaining representative.(d) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.(e) 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.(f) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction effective on the first payroll after receipt of the confirmation.(g) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.Sec.

A new section is added to chapter 49.39 RCW to read as follows: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 maymay, upon the concurrence of the employer and the employee organization, 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.employees.Sec.

The commission may adopt rules to implement this section.Sec.

RCW 49.39.080 and 2018 c 247 s 6 are each amended to read as follows:(1) Upon the ((written)) authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.(2)(a)representative.(2)(b) AnUpon employee'sreceiving written,notice electronic,of orthe recordedemployee's voice authorization tofrom havethe exclusive bargaining representative, the employer shall deduct from the employee's salary membership dues fromand remit the amounts to the exclusive bargaining representative.(c) The employee's salaryauthorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.(d) An employee's request to revoke authorization for payroll deductions must be madein writing and submitted by the employee to the exclusive bargaining representative.representative in accordance with the terms and conditions of the authorization.(e) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction effective on the first payroll after receipt of the confirmation.(f) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.(3)(a) Includes a union security provision authorized under RCW 49.39.090, the employer must enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues;

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.(d) 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.(e) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction effective on the first payroll after receipt of the confirmation.(f) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.(3) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that((:(a) Includes a union security provision authorized under RCW 49.39.090, the employer must enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues;

A new section is added to chapter 4.24 RCW to read as follows:Public employers and an employee organization, or any of their employees or agents, are not liable for, and have a complete defense to, any claims or actions under the law of this state for requiring, deducting, receiving, or retaining membership dues from public employees under sections 5, 8, 16, and 21 of this act and RCW 28B.52.045, 41.56.060, 41.56.110, 41.56.113, 41.56.122, 41.59.060, 41.76.020, 41.76.045, 41.80.050, 41.80.080, 41.80.100, 47.64.090, 47.64.160, 49.39.080, 49.39.090, and 53.18.050;

current or former public employees do not have standing to pursue these claims or actions.NEW SECTION.  Sec.

26.

27.26.