Chapter 41.56 RCW

Chapter 41.59 RCW

Chapter 28B.52 RCW

Chapter 41.76 RCW

Chapter 41.80 RCW

Other Statutes

LMRA Provision

Local Gov't, Some State Gov't +
Home Care Individual Providers

Common School District
Certificated Only

Community and Technical Colleges
Faculty Only

State "4-year" Colleges/Universities
Faculty Only

State General Government
Civil Service Only

State Higher Education
Classified Only

(41.58 = PERC) (49.08 = Private)
(53.18 = Ports) (54.04 = PUDs)

1(a)

Short title = National Labor Relations Act

RCW 41.56.900: Public Employees' Collective Bargaining Act

RCW 41.59.900: Educational Employment Relations Act

No short title in statute; Code Reviser assigned "Collective Bargaining Academic Personnel in Community Colleges"

No short title in statute; PERC uses "Faculty Collective Bargaining Act" (FCBA)

RCW 41.80.907: Personnel System Reform Act of 2002 (PSRA)

Ch 41.58 RCW = Public Employment Labor Relations
Ch 49.08 RCW = Arbitration of Disputes
Ch 53.18 RCW = Employment Relations - Collective Bargaining and Arbitration

1(b)

Purpose = Prescribe ER and EE rights + procedures that prevent interference with ER-EE rights + protect public's rights in disputes affecting commerce

RCW 41.56.010: Promote improvement of ER-EE relations by providing uniform basis implementing EE right to join labor organization of own choosing and be represented

RCW 41.59.010: Prescribe EE rights & obligations + establish procedures governing relationship between EE and ER

RCW 28B.52.010: Strengthen methods of administering ER-EE relations; prescribe EE and ER rights & duties; promote open communication and timely access to information

RCW 41.76.001: Define procedures for bargaining & dispute resolution + prohibit practices contrary to public interest + expand PERC jurisdiction to faculty in 4-year higher ed institutions

No similar provision

RCW 41.58.005: Provide "uniform and impartial . . . efficient and expert" resolution of labor-management disputes
RCW 53.18.015: Entire chapter dove-tailed with Chapter 41.56 RCW

Findings / Policies = Commerce obstructed by ER denial of EEs' right to organize + ER refusal to accept collective bargaining + UN practices

RCW 41.56.905: Remedial statute to be interpreted liberally + prevails over conflicting statutes per Rose v. Erickson, 106 Wn.2d 420 (1985)

No similar provision

RCW 41.76.001: People have fundamental interest in developing cooperative labor relations in public 4-year institutions of higher education

No similar provision

DEFINITI

DEFINITIONS

2(1)

Person = One or more individuals, labor organizations, associations, corporations, legal representatives, or trustees

No similar provision

RCW 41.59.020(7): Person = individual, organization, union, association, corporation, committee, agency, or their representatives

No similar provision

Ch. 54.04 RCW: PERC to apply LMRA to PUD via Ch 41.56 RCW procedures, per Clark PUD v. PERC, 110 Wn.2d 114 (1988)

2(2)

Employer = Any ER agent, but not US or any government-owned corp. or Federal Reserve Bank, state or political subdivision, anyone subject to Railway Labor Act, or any labor organization (other than when acting as ER)

RCW 41.56.030(1): ER = acting behalf of public body; ER of court EE = county for wage-related & judge for non-wage
RCW 41.56.020: Counties, municipal corporations, political subdivisions, district courts, superior courts
RCW 41.56.022: UW for printing EEs
RCW 41.56.024: Technical colleges for classified EEs
RCW 41.56.025: Classified education providers in corrections facilities
RCW 41.56.026: Governor for IPs
RCW 41.56.203: UW for TAs / RAs

RCW 41.59.020(5): ER = Any school district
RCW 41.59.080(8): ER for certificated education providers in corrections facilities

No definition, but RCW 28B.52.020(2) defines EE = employed by college district

RCW 41.76.005(7): ER = Board of regents or board of trustees of public four-year institution of higher education.
RCW 41.76.005(12): Public four-year institutions = UW, WSU, EWU, WWU, CWU and Evergreen

RCW 41.80.005(8): ER = State of Washington
RCW 41.80.010(1): ER represented by governor or governor's designee
RCW 41.80.005(1): Agency = any agency covered by Ch 41.06 RCW

RCW 41.80.005(8): ER = State of Washington
RCW 41.80.010(4): ER represented by governing board of institution, but may elect to be represented by governor’s designee.
RCW 41.80.005(10): Institution of higher education = UW, WSU, CWU, EWU, WWU, Evergreen, and various community colleges.
RCW 41.80.070(1)(b): Branches & regional campuses are part of institution.

RCW 53.18.010: Port district = municipal corporation created under Title 53 RCW
RCW 54.04.020: Public utility district = municipal corporation created under Title 54 RCW
RCW 74.39A.270(1): Governor is ER for home care IPs under Ch 41.56 RCW
Ch 49.08 RCW: Part of RCW title on "Labor Regulations" + applied by L&I, then by PERC, to private sector and to state Department of Printing and other public entities not covered by other statute

2(3)

Employee includes persons whose work has ceased due to current labor dispute or unfair labor practice and hasn't obtained regular, substantially equivalent employment

RCW 41.56.030(2): EE of public ER
RCW 41.56.030(7): "Uniformed" = fire fighters, paramedics, nuclear security guards, some law enforcement, corrections, & fire dispatchers
RCW 41.56.022: Printers @ UW
RCW 41.56.024: Technical college classified
RCW 41.56.026: Home care IPs
RCW 41.56.203: TAs / RAs etc. @ UW

RCW 41.59.020 (4): EE = any certificated employee of a school district
RCW 41.59.180: Includes any specialized job where certificated EEs are the majority

RCW 28B.58.020(2): Academic EE = any teacher, counselor, librarian, or department head employed by any college district

RCW 41.76.005 (5): EE = designated w/ faculty status or perform faculty duties as defined by faculty governance system

RCW 41.80.005(6): Any EE covered by Ch 41.06 RCW (State Civil Service Law); including those whose work has stopped due to lawful pursuit of activities protected by chapter

RCW 53.18.010: EE = Port district EE
RCW 74.39A.270(1): Home care IP is EE for purposes of Ch 41.56 RCW
Ch 49.08 RCW: No definition, but part of RCW "Labor Regulations" title, so applied by PERC to private sector and public entities (e.g., State Department of Printing) not covered by any other statute
Ch 54.04 RCW: Uses EE without definition

2(3)

Agricultural laborers have no bargaining rights

No similar provision

Ch 49.08 RCW could apply to agricultural laborers, absent any exclusion

2(3)

Domestic help (employed in personal residence) have no bargaining rights

RCW 41.56.026: Home care worker (IP) bargaining rights viz Governor

No similar provision

Ch 49.08 RCW could apply to domestic help, absent any exclusion

2(3)

Persons employed by parent or spouse excluded from bargaining rights

RCW 74.39A.270: IP related to consumer not exempt, for that reason, from Ch 41.56 RCW

No similar provision

Ch 54.04 RCW: LMRA exclusion not applicable because PUD is corporate entity

2(3)

Independent contractors have no bargaining rights

No similar provision

RCW 41.06.070: Community college classified working outside state and "part-time professional consultants" each excluded from civil service

Ch 54.04 RCW: PERC to apply LMRA

2(3)

Supervisors have no bargaining rights

Supervisors have bargaining rights per METRO v. L&I, 88 Wn.2d 925 (1977)
Supervisors placed in separate units per City of Richland, Decision 279-A (PECB, 1978), aff’d, 29 Wn. App. 599 (1981) + WAC 391-35-340

RCW 41.59.020(4)(d): Supervisors excluded unless majority vote to create bargaining unit
RCW 41.59.020(4)(e): Principals and asst principals excluded unless majority vote to create bargaining unit

RCW 28B.52.020(3): Administrators excluded unless included in faculty unit by secret ballot votes of both administrators and faculty

RCW 41.76.005(9): Administrators excluded from bargaining rights

RCW 41.80.005(13): Classified super- visors have bargaining rights in separate units (per RCW 41.80.070) but super- visors in Washington Management Service excluded from bargaining rights

RCW 53.18.060(3): Supervisors to bargain in separate units
Ch 49.08 RCW: Rulings made only made by consent of parties per WAC 391-25-299
Ch 54.04 RCW: PERC to apply LMRA

STATE L

STATE LAW EXCLUSIONS NOT ADDRES

Elected officials (no LMRA language)

RCW 41.56.030(2)(a): Excludes persons elected by popular vote

No similar provision

RCW 41.06.070: Elected officials excluded from civil service.

No similar provision

Ch 53.18 & 54.04 RCW: Elected officials excluded per Ch 41.56 RCW

Appointed officials (no LMRA language)

RCW 41.56.030(2)(b): Excludes appointees to boards and commissions

No similar provision

RCW 41.06.070: Board/commission appointees excluded from civil service

RCW 41.06.070: Appointed trustees/ regents excluded from civil service

Ch 53.18 & 54.04 RCW: Appointed officials excluded per Ch 41.56 RCW

Confidential EE (no LMRA language, but NLRB exclusion per "labor nexus" test affirmed in Hendricks County Rural Electric v. NLRB, 454 US 170 (1981))

RCW 41.56.030(2)( c): Confidential EE excluded w/o definition, but City of Yakima v. IAFF, 91 Wn.2d 101 (1978) applies "labor nexus" test citing RCW 41.59.020(4)( c) + WAC 391-35-320

RCW 41.59.020(4)( c): Confidential EE excluded under "labor nexus" definition repeated in WAC 391-35-320

WAC 391-35-020 excludes confidential EE per "labor nexus" test

RCW 41.76.005(10): Confidential EE excluded under same "labor nexus" test as Ch. 41.59 RCW + WAC 391-35-320

RCW 41.80.005(4): Confidential EE excluded per RCW 41.80.005(6)(b) definition + "labor nexus" test applied in State - Labor & Industries, Decision 8437-A (PSRA, 2004)

Ch 49.08 RCW: Rulings made only made by consent of parties per WAC 391-25-299
RCW 53.18.010 & 53.18.015: Confidential EE excluded per Ch 41.56 RCW
Ch 54.04 RCW: PERC to apply LMRA

Managerial EE (no LMRA definition, but NLRB exclusion affirmed in NLRB v. Textron Bell Aerospace Division, 416 US 267 (1974))

RCW 41.56.030(2): Excludes executive head of bargaining unit
Managerial EE exclusion rejected in METRO v. L&I, 88 Wn.2d 925 (1977)

RCW 41.59.020(4): Excludes chief executive officer, superintendent, deputy & assistant supts, administrative assistant to supt + business manager

RCW 28B.52.020(3): Excludes adminis- trators = perform admin functions > 50% of time + hire, fire and discipline EE (unless included in unit by secret ballot vote)

RCW 41.76.005(9): Excludes administra- tors = president & vice-pres, provost & vice-prov, deans & assoc/ asst dean, chancellors & vice-c, + faculty exercising authority over other faculty

RCW 41.06.070 -.079 and .082 - .094: Agency heads and high-level positions excluded from civil service
RCW 41.80.005(6) and (12): WMS managers = no bargaining rights

RCW 41.06.070(2): Presidents and high-level positions (+ various other positions per local actions) excluded from civil service

Ch 49.08 RCW: Rulings only made by consent of all parties per WAC 391-25-299
RCW 53.18.010: Excludes managerial/ administrative personnel w/o definition
Ch 54.04 RCW: PERC to apply LMRA

School Principals (no LMRA language)

No similar provision

RCW 41.59.020(4)(e): Principals & asst similar to supervisors (See Sec. 2(3))

No similar provision

Court officials (no LMRA language)

RCW 41.56.030(2)(d): Magistrates & court commissioners excluded
RCW 41.56.030(2)(e): Personal assistant to judge or court commissioner excluded

No similar provision

Casual / temporary EE (no LMRA definition but excluded per Sentinel Printing, 137 NLRB 1610 (1962)

WAC 391-35-350: Casual employees working less than 1/6 FTE excluded (per PERC precedents)

WAC 391-35-356: Temporary EE included if covered by civil service

Ch 49.08 RCW: Rulings only made by consent of all parties per WAC 391-25-299
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

Exclusion of certain agencies (no LMRA language)

No similar provision

RCW 41.80.005(6): OFM, DOP & PERC excluded from bargaining rights

No similar provision

RCW 41.58.060: Wa State Ferries covered by Ch 47.64 RCW (not under PERC)

Internal auditors (no LMRA language)

No similar provision

RCW 41.80.005(6)(d): EE auditing work of other agency EEs excluded per State-Transportation, Decision 8317-A (PSRA, 2004)

No similar provision

Graduate students and clinical EEs (no LMRA language + NLRB precedents shifting)

RCW 41.56.203: TAs, RAs and similar titles @ UW have bargaining rights

No similar provision

RCW 41.76.005(5): Excludes graduate students, postdoctoral and clinical EEs, and EEs subject to chapter 41.56 RCW

No similar provision

WAC 391-35-356: Includes any EE covered by civil service

No similar provision

2(4)

Representative = Any individual or labor organization

RCW 41.56.030(3): Bargaining repre- sentative = lawful organization which has a primary purpose of representing EEs in relations with ER

RCW 41.59.020(6): Exclusive bargaining representative = EE organization certified per chapter, or designated under prior statute before 1976

RCW 28B.52.020(7): Exclusive bargaining representative = EE organization certified per chapter, or designated under prior statute before 7/26/87

RCW 41.76.005(8): Exclusive bargaining representative = EE organization determined by PERC to represent all faculty members in bargaining unit

RCW 41.80.005(9): Exclusive bargaining representative = EE organization certified per chapter
RCW 41.80.070(2): Certifications under prior law carried over

Ch 49.08 RCW: Rulings only made by consent of all parties per WAC 391-25-299
RCW 53.18.015: Ch. 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

2(5)

Labor organization = Organization in which EEs participate and exists for purpose of dealing with ERs on grievances, wages, hours of employment, or conditions of work

RCW 41.56.030(3): Bargaining repre- sentative = lawful organization which has a primary purpose of representing EEs in relations with ER

RCW 41.59.020(1): EE organization = any organization, union, association, agency, committee, council, or group in which EEs participate and which exists for purpose of bargaining with ERs

RCW 28B.52.020(1): EE organization = any organization which includes academic EEs of college district and whose goal is representation of EEs

RCW 41.76.005(6): EE organization = any w/ faculty as members and one of purposes is representation of faculty in bargaining; faculty governance system not = EE organization

RCW 41.80.005(7): EE organization = any in which EEs participate and exists for purpose of collective bargaining

RCW 53.18.010: EE organization = any lawful association w/ primary purpose = representation of EEs on matters of employment relations
Ch 54.04 RCW: PERC to apply LMRA

2(6)

Commerce = trade, traffic, trans- portation, or communication . . .

No similar provision

Ch 54.04 RCW: PERC to apply LMRA

2(7)

Affecting commerce = obstructing free flow of commerce or tending to lead to labor dispute that burdens/ obstructs commerce

No similar provision

Ch 54.04 RCW: PERC to apply LMRA

2(8)

Unfair labor practice = Unfair labor practices listed in Section 8

No similar provision

RCW 28B.52.020(5): Unfair labor practice = listed in RCW 28B.52.073

No similar provision

RCW 41.80.005(14): Unfair labor practice = listed in RCW 41.80.110

Ch 54.04 RCW: PERC to apply LMRA

2(9)

Labor dispute = Controversy concerning conditions of employment or representation of persons in negotiating, maintaining, changing, or arranging working conditions

WAC 391-08-007(4): Controversy concerning terms or conditions of employment, or concerning association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether disputants stand in proximate relation of ER and EE

RCW 41.80.005(11): = Controversy concerning terms/tenure/conditions of employment, or association or representation in negotiating, fixing, maintaining, changing, or seeking to arrange terms/conditions with respect to subjects of bargaining in chapter, regardless of whether disputants stand in proximate relation of ER and EE

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

2(10)

NLRB = National Relations Board established in section 3 of the Act

RCW 41.56.030(5): PERC
RCW 41.56.030(6): Executive Director = Executive Director of PERC

RCW 41.59.020(3): PERC established by RCW 41.58.010

RCW 28 B.52.020(4): PERC

RCW 41.76.005(4): PERC established in RCW 41.58.010

RCW 41.80.005(3): PERC
RCW 41.80.005(5): Director = Executive Director of PERC

RCW 41.58.010: Creates PERC
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

2(11)

Definition of supervisor (12-part "authority" test applied disjunctively per NLRB and federal courts)

WAC 391-35-340: PERC applies 10-part RCW 41.59.020(4)(d) definition including "preponderance" test, to exclude from rank/file unit per City of Richland, Decision 279-A (PECB, 1978), aff’d, 29 Wn. App. 599 (1981)

RCW 41.59.020(4)(d): 10-part preponderance test applied to types of duties and/or work time
RCW 41.59.020(4)(e): Principals and assistant principals not defined
RCW 41.59.020(8): Nonsupervisory = all educational EEs other than principals, asst. prin & supervisors

RCW 28B.52.020(3): Administrator exclusion applies to responsibility to hire, fire and discipline EEs

RCW 41.76.005(9): Administrator exclusion applies to faculty exercising managerial/ supervisory authority over other faculty members

RCW 41.80.005(13): Supervisor defined per LMRA language, but supervisors have bargaining rights in separate units (per RCW 41.80.070)

Ch 49.08 RCW: Rulings only made by consent of all parties per WAC 391-25-299
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(1) Authority to hire

(1) Basis to exclude from rank/file unit if preponderance test met

RCW 41.59.020(4)(d): Basis to exclude if preponderance test met (1)

RCW 28B.52.020(3): Hiring authority is basis for exclusion

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(2) Authority to transfer

(2) Basis to exclude from rank/file unit if preponderance test met

RCW 41.59.020(4)(d): Basis to exclude if preponderance test met (2)

No similar provision

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(3) Authority to suspend

(3) Basis to exclude from rank/file unit if preponderance test met

RCW 41.59.020(4)(d): Basis to exclude if preponderance test met (3)

RCW 28B.52.020(3): Suspension implied within authority to "discipline"

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(4) Authority to lay off

(4) Basis to exclude from rank/file unit if preponderance test met

RCW 41.59.020(4)(d): Basis to exclude if preponderance test met (4)

RCW 28B.52.020(3): Layoff implied within authority to "dismiss"

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(5) Authority to recall

(5) Basis to exclude from rank/file unit if preponderance test met

RCW 41.59.020(4)(d): Basis to exclude if preponderance test met (5)

RCW 28B.52.020(3): Recall implied within authority to "hire"

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(6) Authority to promote

(6) Basis to exclude from rank/file unit if preponderance test met

RCW 41.59.020(4)(d): Basis to exclude if preponderance test met (6)

RCW 28B.52.020(3): Promotion implied within authority to "hire"

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(7) Authority to discharge

(7) Basis to exclude from rank/file unit if preponderance test met

RCW 41.59.020(4)(d): Basis to exclude if preponderance test met (7)

RCW 28B.52.020(3): Discharge authority is basis for exclusion

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(8) Authority to assign

(8) Basis to exclude from rank/file unit if preponderance test met

RCW 41.59.020(4)(d): Basis to exclude if preponderance test met (8)

RCW 28B.52.020(3): Assignment authority is basis for exclusion

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(9) Authority to reward

No similar provision

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

Ch 54.04 RCW: PERC to apply LMRA

(10) Authority to discipline

(9) Basis to exclude from rank/file unit if preponderance test met

RCW 41.59.020(4)(d): Basis to exclude if preponderance test met (9)

RCW 28B.52.020(3): Discipline authority is basis for exclusion

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(11) Authority to responsibly direct

No similar provision
(but duplicates "assign)?

No similar provision
(but redundant to "assign?)

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

(12) Adjust grievances

(10) Basis to exclude from rank/file unit if preponderance test met

RCW 41.59.020(4)(d): Basis to exclude if preponderance test met (10)

No similar provision

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

Independent judgment required

Applied similar to LMRA

RCW 41.59.020(4)(d): Similar to LMRA

No similar provision

No interpreting precedents

RCW 41.80.005(13): Same as LMRA

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

2(12)

Professional = Work mostly intellectual/ varied + judgment + output not standardized OR completed studies & working under professional

No definition in statute. Unit status of professionals governed by community of interest criteria per City of Seattle, Decision 887-A (1980)

No similar provision, but all school district "certificated" EEs would be professionals under NLRA definition

No similar provision, but all "faculty" would be professionals under NLRA definition

No similar provision + professionals historically covered by civil service and included in bargaining units

RCW 53.18.010: Excludes "professional" EE from bargaining units, w/o definition
Ch 54.04 RCW: PERC to apply LMRA

2(13)

Agent = In determining if person is agent, question whether acts actually authorized/ ratified not controlling

PERC embraced LMRA definition in Public Hospital District 1 of King County, Decision 1195 (PECB, 1981)

No similar provision

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

2(14)

Health care institution = Devoted to care of sick, infirm, or aged persons

No similar provision, but Ch 41.56 RCW covers public hospital districts

No similar provision

No similar provision, but Ch 41.80 RCW covers UW-run hospitals

No similar provision

ADDITIO

ADDITIONAL STATE LAW DEFINITIONS

Definition of Union Security
(no LMRA definition, but see
Section 8(a)(3))

RCW 41.56.122: No definition, but permits "union shop" and prohibits "closed shop"

RCW 41.56.100: No definition, but permits "agency shop" and prohibits "union or closed shop"

RCW 28B.52.020(6): Union security = CBA may require EEs to become member of EBR or pay agency fee

RCW 41.76.045: No definition, but permits "union security" and prohibits "closed shop"

RCW 41.80.100: CBA may require to pay dues on 30th day of CBA or of employment (whichever later)

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

Definition of collective bargaining (see LMRA definition in Section 8(d) and limitations materials below)

RCW 41.56.030 (4): Mutual obligation of ER and EBR to meet at reasonable times to negotiate in good faith + sign written contract

RCW 41.59.020(2): Mutual obligation of ER and EBR to meet at reasonable times and bargain in good faith + sign written contract

RCW 28B.52.020(8): Mutual obligation of ER and EBR to meet at reasonable times and bargain in good faith + sign written contract

RCW 41.76.005(3): Mutual obligation of ER and EBR to meet at reasonable times and bargain in good faith to reach agreement + sign written contract

RCW 41.80.005(2): Mutual obligation of ER and EBR to meet at reasonable times and bargain in good faith on subjects per RCW 41.80.020

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

Scope of bargaining (see LMRA definition in Section 8(d))

RCW 41.56.030 (4): ". . . grievance and personnel matters, including wages, hours and working conditions, which may be peculiar to bargaining unit"

RCW 41.59.020(2): ". . . wages, hours, and other terms and conditions of employment" + prior law and practice not controlling

RCW 28B.52.020(8): ". . . wages, hours and other terms and conditions of employment such as procedures for dismissal, tenure, and force reduction" + prior law and practice not controlling

RCW 41.76.005(3): " . . . wages, hours and other terms and conditions of employment"

RCW 41.80.020: Wages, hours, and other terms and conditions of employment, excluding health benefits (except at supertable), pensions, some civil service rules, affirmative action, & comparable worth

RCW 53.18.010: Wages, salaries, hours, vacation, sick leave, holiday pay and grievance procedures + Ch 41.56 RCW applies per RCW 53.18.015
Ch 54.04 RCW: PERC to apply LMRA

"No duty to agree" concept (see LMRA definition in Section 8(d))

RCW 41.56.030(4): Neither party compelled to agree to a proposal or to make a concession unless otherwise provided in chapter

RCW 41.59.020(2): Obligation to bargain does not compel either party to agree to a proposal or to make a concession

RCW 28B.52.020(8) and RCW 28B.52.200: Obligation to bargain does not compel either party to agree to a proposal or to make a concession

RCW 41.76.005(3): Obligation to bargain does not compel either party to agree to a proposal or to make a concession

RCW 41.80.005(2): Obligation to bargain does not compel either party to agree to a proposal or to make a concession

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

Definition of Grievance Arbitration
(no LMRA definition, but see
Section 203(d))

No similar provision

RCW 41.76.005(2): Method to resolve disputes where parties must accept decision of impartial person(s)

No similar provision

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

Definition of Individual Provider
(no definition in LMRA)

RCW 41.56.030(10): IP = EE for sole purpose of bargaining per Ch 74.39A RCW

No similar provision

CREATI

CREATION AND AUTHORITY OF ADMINI

3(a)

NLRB = 5 members appt by Pres. (Senate confirms); 5-yr terms (one expires each yr); fill unexpired terms [Historical: Not more than 3 from same political party]; chair apptd by Pres.; remove only for neglect or malfeasance

See Chapter 41.58 RCW ----------------->

RCW 41.58.010: PERC = 3 members appt by Gov (Senate confirms); 5-yr terms expire yrs ending 3, 4, 5, 8, 9 & 0; fill unexpired terms; "persons knowledgeable in labor relations" [Historical: Balance of ER, UN and impartial]; chair apptd by Gov; removal only for neglect or malfeasance

3(b)

3-mbr panels have all powers of NLRB
Delegate to regional directors on QCR cases, subject to appeal to NLRB
Vacancy does not impair right of other members to act (subject to quorum overall and on panels)

See Chapter 41.58 RCW ----------------->

RCW 41.58.015: No panels; other state laws require quorum of 2 for 3-member body to act
PERC appoints Exec Director and delegates authority
Vacancy does not impair right of remaining members to act

3(c )

Annual report required

See Chapter 41.58 RCW ----------------->

41.58.010(4): Annual report required

3(d)

General Counsel = President appts (Senate confirms); 4-year term [Historical: Prior to LMRA, NLRB appt of GC led to fairness concerns]
GC supervises headquarters staff and regional offices, except ALJs and assistants to NLRB mbrs)
GC investigation/prosecution authority on complaints
Prompt appointment of successors

See Chapter 41.58 RCW ----------------->

RCW 41.58.015(2): PERC appoints and delegates authority to Executive Director
Executive Director = appointing authority for staff and full-time agency head
PERC does not investigate/ prosecute complaints [Historical: Similarity of PERC Executive Director to pre-1947 GC of NLRB was basis for decision that PERC should not investigate/ prosecute complaints

4(a)

NLRB members full-time and no other employment
Executive secretary appointed by NLRB
Hire staff, but attorneys only as legal assts to NLRB mbrs
NLRB members not to have contact with ALJs on appealed cases

See Chapter 41.58 RCW ----------------->

RCW 41.58.015: PERC members part-time ($100/day for work/meetings) + have outside careers
+ PERC appoints Exec Director
+ PERC hires staff w/o reference to Law Clerk [Historical: PERC law clerks since 1994]
RCW 34.05.458: APA restricts contacts on cases being decided on appeal

4(a)

Mediation by NLRB prohibited

RCW 41.56.100: Unresolved issues submitted to PERC [Historical: Only mention of mediation in 1967 statute]

RCW 41.59.120(1): PERC to provide mediation on request of either party

RCW 28B.52.060: PERC to provide mediation at request of either party

RCW 41.76.030(1): PERC to provide mediation at request of either party

RCW 41.80.090: PERC to provide mediation at request of either party

RCW 41.58.020: PERC provides comprehensive dispute resolution services
RCW 41.58.015: Exec Dir to provide comprehensive dispute resolution services

4(a)

Economic analysis by NLRB prohibited

See Chapter 41.58 RCW ----------------->

No similar provision (but PERC still doesn't perform economic analysis)

4(b)

NLRB expenses paid on voucher

See Chapter 41.58 RCW ----------------->

RCW 41.58.015: PERC expenses paid on vouchers

NLRB principal office in Wash., DC, but may meet anywhere in US

See Chapter 41.58 RCW ----------------->

RCW 41.58.030: PERC principal office in Olympia

Prosecution throughout USA + participant in inquiry not disqualified from deciding same case

See Chapter 41.58 RCW ----------------->

No similar provision (and PERC neither investigates nor issues/prosecutes complaints)

NLRB rulemaking authority

RCW 41.56.090: PERC rulemaking
RCW 41.56.165: APA applies to PERC proceedings

RCW 41.59.110(1): PERC rulemaking authority. NLRB rules, precedents and practices shall be considered

RCW 28B.52.065 + 28B.52.080: PERC rulemaking authority

RCW 41.76.060: PERC rulemaking authority

RCW 41.80.900: Dept of Personnel powers re: bargaining (which included rulemaking) transferred to PERC

RCW 41.58.050: PERC rulemaking authority

Employee rights to:

RCW 41.56.040: ER interference/ discrimination prohibited [Historical: Written when no ULPs in chapter]

RCW 41.59.060(1): Employee rights to:

RCW 28B.52.025: Employee rights to:

No similar provision [Historical: Rights section vetoed to avoid tenure-or-bargain choice inserted by Senate]

RCW 41.80.050: Employee rights to:

RCW 53.18.015: Ch 41.56 RCW applies
RCW 54.04.170: PUD EEs rights = counterparts in private sector

Self-organization, to form/join unions

RCW 41.56.040: Organize + designate representative of own choosing

RCW 41.59.060(1): Self-organization, to form/join unions

RCW 28B.52.025: Self-organization, to form/join unions

No similar provision
(see historical note above)

RCW 41.80.050: Self-organization, to form/join unions

RCW 53.18.030: Freedom to organize
RCW 54.04.170: EE rights = private sector

Bargain collectively through representative of own choosing

RCW 41.56.040: Bargain thru chosen representative

RCW 41.59.060(1): Bargain thru representative of own choosing

RCW 28B.52.025: Bargain thru representative of own choosing

No similar provision
(see historical note above)

RCW 41.80.050: Bargain thru representative of own choosing

RCW 53.18.015: Ch 41.56 RCW applies
RCW 54.04.170: EE rights = private sector

Engage in concerted activities for mutual aid and protection
= right to strike

No similar provision + RCW 41.56.120 withholds right to strike

No similar provision

No similar provision + RCW 28B.52.078 prohibits strikes

No similar provision (see
historical note above) +
RCW 41.76.065 prohibits strikes

No similar provision + RCW 41.80.060 withholds right to strike

Ch 49.36 RCW: Private EE right to strike
RCW 53.18.020: Right to strike not granted
RCW 54.04.170: EE rights = private sector

Refrain from union activity
except as required by union security agreement

RCW 41.56.040: Exercise other rights under chapter

RCW 41.59.060(1): Refrain from union activity except as required by union security agreement

RCW 28B.52.025: Refrain from union activity except as required by union security agreement

No similar provision
(see historical note above)

RCW 41.80.050: Refrain from union activity except as required by union security agreement

RCW 53.18.015: Ch 41.56 RCW applies
RCW 54.04.170: EE rights = private sector

Other Employee Rights (not stated in LMRA).

No similar provision

RCW 41.59.920: EE rights preserved (w/o specification) unless expressly provided in chapter

RCW 28B.52.300: Preserves EE rights granted by law & duties owed by boards of trustees

RCW 41.76.085: Preserves EE rights granted by law + duties owed by boards (both unspecified)

No similar provision

Employer Rights
(not stated in LMRA)

No similar provision

RCW 41.59.930: Preserves ER rights (w/o specification) granted by federal or state law

No similar provision

RCW 41.76.080: Nothing precludes any contract between ER and EE

RCW 41.80.040: Mgt right to determine ER functions/programs, budget, direct/supervise EE's, respond to emergencies, and retirement plans

RCW 53.18.040: ER may exercise all necessary powers to effectuate chapter
RCW 54.04.180: PUD may bargain in same manner as private ER

EMPLOY

EMPLOYER UNFAIR LABOR PRACTICES

8(a)(1)

ER interference with, restraint, or coercion of EEs in exercise of rights guaranteed in Section 7

RCW 41.56.140(1): ER interference (paraphrases LMRA)

RCW 41.59.140(1)(a): ER interference (similar to LMRA)

RCW 28B.52.073(1)(a): ER interference (similar to LMRA)

RCW 41.76.050(1) (a): ER interference (similar to Ch 28B.52 RCW)

RCW 41.80.110(1)(a): ER interference (similar to Ch 28B.52 RCW)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(a)(2)

ER domination (interfere with forma- tion/administration of UN or contribute $$$ or other support to it) [Historical: 1935 hot issue per Washington State Patrol, Decision 2900 (PECB, 1987)]

RCW 41.56.140(2): ER domination (paraphrase of LMRA)

RCW 41.59.140(1)(b): ER domination (similar to LMRA).

RCW 28B.52.073(1)(b): ER domination (similar to LMRA)

RCW 41.76.050(1)(b): ER domination (similar to Ch 28B.52 RCW)

RCW 41.80.110(1)(b): ER domination (similar to Ch 28B.52 RCW)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(a)(3)

ER discrimination to encourage or discourage union membership

No specific provision, but PERC finds discrimination unlawful per RCW 41.56.040 via RCW 41.56.140(1)

RCW 41.59.140(1)( c): ER Discrimination (similar to LMRA)

RCW 28B.52.073(1)(c): ER discrimina- tion (similar to LMRA)
RCW 28B.52.070: Discrimination prohibited

RCW 41.76.050(1)(c): ER discrim- ination (similar to Ch 28B.52 RCW)

RCW 41.80.110(1)(c): ER discrim- ination (similar to Ch 28B.52 RCW)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(a)(3)

Union security authorized, obligating EE to pay UN dues 30 days after CBA effective or hiring (whichever later) if membership available to EE on same terms as others. [Historical: LMRA outlawed "closed shop" (where EE had to be UN member to get job)]

RCW 41.56.122: Union security authorized, but not closed shop

RCW 41.59.100: Union security authorized ("agency shop" but not a "union shop" or "closed shop") [Historical: "Agency shop" term coined to evade state right-to-work laws, by charging non-members a service fee so financial obligation = union shop]

RCW 28B.52.045(2): Union security authorized, but not a closed shop

RCW 41.76.045 (1) Union security authorized, but not a closed shop

RCW 41.80.100: Union security authorized (union shop obligation beginning 30 days after CBA effective or after start of employment (whichever later)

Ch 49.08 RCW: No ULP cases
RCW 53.18.050(2): Maintenance of membership authorized [a lesser form of union security than "union shop", only obligating existing members to remain so; no EE obligated to join or pay dues]
Ch 54.04 RCW: PERC to apply LMRA

Union security enforcement not specified [Historical: Traditional method is for UN to demand discharge of EE who fails/refuses to pay dues]

Ch 41.56 RCW: Not specified [Historical: Enforced similar to NLRA]
RCW 41.56.113: State to enforce union security in CBA covering IP by deducting dues/fees

RCW 41.59.100: ER to enforce agency shop by deductions from salary [Historical: Avoids firing EE for refusing to pay dues]

RCW 28B.52.045: ER to enforce agency shop by deductions from salary [Historical: Avoids firing EE for refusing to pay dues]

RCW 41.76.045: ER to enforce agency shop by deductions from salary [Historical: Avoids firing EE for refusing to pay dues]

Enforcement not specified [Historical: Union security enforced similar to NLRA]

Ch 53.18 RCW & Ch 54.04 RCW: Enforce- ment not specified [Historical: Union security enforced similar to NLRA]

Apportionment [US constitution requires union to divide expenditures in "chargeable" and "other" categories, and collect only "chargeable" from dissenters per CWA vs. Beck, 487 US 735 (1988)]

Apportionment required by Abood v. Detroit Board of Ed, 431 US 209 (1977) + Chicago Teachers v. Hudson, 475 US 292 (1986), but no PERC authority in this area per IAFF Local 2916 v. PERC, 128 Wn.2d 375 (1996)

Nonassociation right for religious beliefs (created later in Section 19) [Historical: LMRA not amended until 1974 and 1980]

RCW 41.56.122: Nonassociation right [Applies to both individual beliefs + teachings of religious body per Grant v. Spellman, 99 Wn.2d 815 (1983) on remand from US Supreme Court]

RCW 41.59.100: Nonassociation right for religious beliefs

RCW 28B.52.045(3): Nonassociation right for religious beliefs

RCW 41.76.045(3): Nonassociation right for religious beliefs

RCW 41.80.100(2): Nonassociation right for religious beliefs

Ch 49.08 RCW: PERC does not process any nonassociation cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA?

8(a)(4)

ER discrimination for filing charges

RCW 41.56.140(3): ER discrimination for filing charges (paraphrases LMRA)

RCW 41.59.140(1)(d): ER discrimina- tion for filing charges (similar to LMRA).

RCW 28B.52.073(1)(d): ER discrimina- tion for filing charges (similar to LMRA)

RCW 41.76.050(1)(d): ER discrimina- tion for filing charges (similar to Ch 28B.52 RCW)

RCW 41.80.110(1)(d): ER discrimina- tion for filing charges (similar to Ch 28B.52 RCW)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(a)(5)

ER refusal to bargain

RCW 41.56.140(4): ER refusal to bargain (paraphrase of LMRA)

RCW 41.59.140(1)(e): ER refusal to bargain (similar to LMRA)

RCW 28B.52.073(1)(e): ER refusal to bargain (similar to LMRA)

RCW 41.76.050(1)(e): ER refusal to bargain (similar to Ch 28B.52 RCW)

RCW 41.80.110(1)(e): ER refusal to bargain (similar to Ch 28B.52 RCW)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

UNION U

UNION UNFAIR LABOR PRACTICES

8(b)(1)

UN interference, restraint or coercion of EEs in exercise of rights guaranteed in section 7

RCW 41.56.150(1): UN interference (paraphrase of LMRA)

RCW 41.59.140(2)(a): UN interference (similar to LMRA)

RCW 28B.52.073(2)(a): UN interfer- ence (paraphrase of LMRA)

RCW 41.76.050(2)(a): UN interference (similar to Ch 28B.52 RCW)

RCW 41.80.110(2)(a): UN interference (similar to Ch 28B.52 RCW)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(2)

UN cause ER to discriminate against EE in violation of 8(a)(3), or to discriminate against EE denied UN membership on grounds other than failure to tender dues

RCW 41.56.150(2): UN obtain dis- crimination (paraphrase of LMRA)

RCW 41.59.140(2)(b): UN obtain discrimination (similar to LMRA)

RCW 28B.52.073(2)(b): UN obtain discrimination (paraphrase of LMRA)

RCW 41.76.050(2)(b): UN obtain discrimination (similar to Ch 28B.52 RCW)

RCW 41.80.110(2)(b): UN obtain discrimination (similar to Ch 28B.52 RCW)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

UN discrimination for filing charges
or giving testimony (no LMRA provision)

RCW 41.56.150(3): UN discrimination for filing charges (paraphrase of LMRA)

No similar provision

RCW 28B.52.073(2)(c ): UN discrim- ination for filing charges or testimony (counterpart to ER prohibition)

RCW 41.76.050(2)(c ): UN discrim- ination for filing charges or testimony (similar to Ch 28B.52 RCW)

RCW 41.80.110(2)(c ): UN discrim- ination for filing charges or testimony (similar to Ch 28B.52 RCW)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(3)

UN refusal to bargain with ER
when UN is EBR

RCW 41.56.150(4): UN refusal to bargain (paraphrase of LMRA)

RCW 41.59.140(2)(c ): UN refusal to bargain (similar to LMRA)

RCW 28B.52.073(2)(d): UN refusal to bargain (paraphrase of LMRA)

RCW 41.76.050(2)(d): UN refusal to bargain (similar to Ch 28B.52 RCW)

RCW 41.80.110(2)(d): UN refusal to bargain (similar to Ch 28B.52 RCW)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(4)
(A)

UN compel ER or self-employed to join UN, by strike or interfere w/ commerce

RCW 41.56.120: No right to strike exists

No similar provision

RCW28B.52.078: No right to strike exists

RCW 41.76.065: No right to strike exists

RCW 41.80.060: No right to strike exists

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(4)
(B)

UN compel ER to recognize/ bargain, by strike or interfere w/ commerce (secondary boycott)

RCW 41.56.120: No right to strike exists

No similar provision, but no voluntary recognitions after 1/1/1976 per RCW 41.59.020(6)

RCW28B.52.078: No right to strike exists

RCW 41.76.065: No right to strike exists
RCW 41.76.005(8): No voluntary recognitions

RCW 41.80.060: No right to strike exists
RCW 41.80.005(9): No voluntary recognitions

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(4)
( C)

UN compel ER to recognize/ bargain when another UN certified as EBR, by strike or interfere w/ commerce

RCW 41.56.120: No right to strike exists

No similar provision + taking QCR/unit issue to impasse is ULP per Spokane SD, Decision 718 (EDUC, 1979)

RCW28B.52.078: No right to strike exists

RCW 41.76.065: No right to strike exists
RCW 41.76.005(8): No voluntary recognitions

RCW 41.80.060: No right to strike exists
RCW 41.80.005(9): No voluntary recognitions

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(4)
(D)

UN compel ER to assign work in contravention of NLRB certification, by strike or interfere w/ commerce

RCW 41.56.120: No right to strike exists

No similar provision + taking QCR/unit issue to impasse is ULP per Spokane SD, Decision 718 (EDUC, 1979)

RCW28B.52.078: No right to strike exists

RCW 41.76.065: No right to strike exists
RCW 41.76.005(8): No voluntary recognitions

RCW 41.80.060: No right to strike exists
RCW 41.80.005(9): No voluntary recognitions

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(4)
proviso

Lawful to honor primary strike picket lines

RCW 41.56.120: No right to strike exists

No similar provision

RCW28B.52.078: No right to strike exists

RCW 41.76.065: No right to strike exists

RCW 41.80.060: No right to strike exists

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(4)
proviso

Informational picketing lawful if it does not impede transportation or services (hot cargo)

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply LMRA

8(b)(5)

UN demand for excessive or discriminatory dues/fees

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply LMRA

8(b)(6)

UN cause ER to pay for services not performed (featherbedding)

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply LMRA

8(b)(7)
(A)

UN picketing to force ER to recognize (or require EEs to accept) UN as EBR, unless UN is certified

RCW 41.56.050: In event of dispute as to representation, PERC must be invited to intervene

RCW 41.59.020(6): UN can obtain status as EBR only via representation proceedings before PERC

RCW28B.52.020(7): UN can obtain status as EBR only via representation proceedings before PERC

RCW 41.76.005(8): UN can obtain status as EBR only via representation proceedings before PERC

RCW 41.80.005(9): UN can obtain status as EBR only via representation proceedings before PERC

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(7)(B)

UN picketing to force recognition where election has been held in past 12 months

RCW 41.56.050: In event of dispute as to representation, PERC must be invited to intervene

RCW 41.59.020(6): UN can obtain status as EBR only via representation proceedings before PERC

RCW28B.52.020(7): UN can obtain status as EBR only via representation proceedings before PERC

RCW 41.76.005(8): UN can obtain status as EBR only via representation proceedings before PERC

RCW 41.80.005(9): UN can obtain status as EBR only via representation proceedings before PERC

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(7)
( C)

UN recognition picketing over 30 days unless representation petition is filed

RCW 41.56.050: In event of dispute as to representation, PERC must be invited to intervene

RCW 41.59.020(6): UN can obtain status as EBR only via representation proceedings before PERC

RCW28B.52.020(7): UN can obtain status as EBR only via representation proceedings before PERC

RCW 41.76.005(8): UN can obtain status as EBR only via representation proceedings before PERC

RCW 41.80.005(9): UN can obtain status as EBR only via representation proceedings before PERC

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

8(b)(7)
(proviso)

NLRB to expedite QCR processing where recognition picketing exists

No similar provision

Ch 41.58 RCW: PERC gives a high priority to QCR cases
Ch 54.04 RCW: PERC to apply LMRA

100

8(b)(7)
(proviso)

Informational picketing lawful if it does not impede transportation or services (hot cargo)

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply LMRA

101

8(c )

Free speech: Expressing views not ULP if no threat of reprisal or force or promise of benefit

No similar provision, but PERC honors free speech rights of ER, UN and EE per "interference" standard

RCW 41.59.140(3): Free Speech (paraphrase of LMRA)

RCW 28B.52.073(3): Free speech (paraphrase of LMRA)

RCW 41.76.050(3): Free speech (similar to Chapter 28B.52 RCW)

RCW 41.80.110(3): Free speech (similar to Chapter 28B.52 RCW)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

102

DUTY TO

DUTY TO BARGAIN AND MANDATORY S

103

8(d)

Definition of Collective Bargaining (buried within ULP section)

RCW 41.56.030(4): Definition of Collective Bargaining (located in "definitions" section)

RCW 41.59.020(2): Definition of Collective Bargaining (located in "definitions" section)

RCW 28B.52.020(8): Definition of Collective Bargaining (located in "definitions" section)

RCW 41.76.005(3): Definition of Collective Bargaining (located in "definitions" section)

RCW 41.80.005(2): Definition of Collective Bargaining (located in "definitions" section)

RCW 53.18.010: Employment relations = wages, hours vacations, sick leave, holiday pay & grievance procedure + Ch 41.56 RCW applies per RCW 53.18.015
Ch 54.04 RCW: PERC to apply LMRA

104

8(d)

Mutual obligation of ER and EBR

RCW 41.56.030(4): Mutual obligations of ER and EBR
RCW 41.56.100: ER may enter into collective bargaining agreements

RCW 41.59.020(2): Mutual obligation of ER and EBR

RCW 28B.52.020(8): Mutual obligation of ER and EBR

RCW 41.76.005(3): Mutual obligation of ER and EBR

RCW 41.80.005(2): Mutual obligation of ER and EBR
RCW 41.80.010(1): ER represented by Gov's designee
RCW 41.80.010(2)(a): UN with >500 negotiate master CBA covering all EEs represented; UN with <500 in coalition to negotiate master CBA covering all EEs in coalition

RCW 41.80.005(2): Mutual obligation of ER and EBR
RCW 41.80.010(2)(b) and (4): State institutions of higher education can bargain on their own or can form coalitions represented by Governor's designee

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
RCW 53.18.020: Port may enter into CBA
RCW 54.04.180: PUD may enter into CBA on same basis as private ER

105

super-table required (no LMRA provision)

No similar provision

RCW 41.80.020(3): Super-table of all UNs for number of names certified for vacancies, promotional preferences, and health benefits $ paid by ER

No similar provision

106

supplemental tables (no LMRA provision)

No similar provision

RCW 41.80.010(2)(a): Supplemental tables authorized
RCW 41.80.010(2)(c ): Separately-elected state official with >500 EEs entitled to supplemental table

No similar provision

107

8(d)

to meet at reasonable times

RCW 41.56.030(4): Obligation to meet at reasonable times
RCW 41.56.440: Begin negotiations for uniformed 5 months before ER budget + mediation if no CBA in 60 days
RCW 41.56.473: State patrol trooper bargaining per uniformed procedure
RCW 41.56.492: Public transit EE bargaining per uniformed procedure
RCW 74.39A.300(2): CBA covering IP unit must be to OFM by October 1 prior to Legislature where ratification sought

RCW 41.59.020(2): Obligation to meet at reasonable times in light of time limitations of budget process

RCW 28B.52.020(8): Obligation to meet at reasonable times

RCW 41.76.005(3): Obligation to meet at reasonable times

RCW 41.80.005(2): Obligation to meet at reasonable times
RCW 41.80.010(3)(a): CBA must be to OFM by October 1 prior to Legislature where ratification sought

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

108

8(d)

to confer in good faith

RCW 41.56.030(4): Obligation to negotiate in good faith

RCW 41.59.020(2): Obligation to bargain in good faith in an effort to reach an agreement

RCW 28B.52.020(8): Obligation to bargain in good faith in an effort to reach an agreement

RCW 41.76.005(3): Obligation to bargain in good faith in an effort to reach an agreement

RCW 41.80.005(2): Obligation to bargain in good faith in an effort to reach an agreement

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

109

Ratification of CBA (no LMRA provision; ER rep usually expected to have authority to bind; UN commonly reserves right of member ratification)

No similar provision (ER often reserves ratification by governing body; UN ofetn reserves member ratification)
RCW 74.39A.300: Gov to request funds for IP unit after OFM certifies CBA $$$ feasible or a result of arbitration + up or down vote by Legislature + renegotiate only wages/benefits if not ratified + no wage/benefit increases unless DSHS determines consistent with law

No statutory right on either side per Naches SD, Decision 2516-A (EDUC, 1987), but ER often reserves ratification by school board + UN commonly reserves right of ratification member ratification

RCW 28B.52.035: All agreements must be acted upon by board of trustees
RCW 28B.52.100: CBA not affected by Ch 34.05 RCW

RCW 41.76.070: CBA not affected by Ch 34.05 RCW

RCW 41.80.010(3)(b): Gov to request funds for CBA after OFM certifies $$$ feasible + up or down vote by Legislature + reopen or invoke factfinding (RCW 41.80.090) if CBA not ratified
RCW 41.80.010(5): Joint Committee on Employment Relations (JOCER) established to advise Gov + after approval the Gov or Legislature could declare a revenue shortfall and parties will bargaining a modification

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply LMRA

110

SCOPE

SCOPE OF BARGAINING AND LIMITATIO

111

8(d)

Scope of bargaining = wages, hours and other terms/conditions of employment, or the negotiation of an agreement or any question arising thereunder

RCW 41.56.030 (4): Scope = grievance and personnel matters, including wages, hours and working conditions, which may be peculiar to bargaining unit

RCW 41.59.020(2): Scope = wages, hours, and other terms/conditions of employment + prior law and practice not controlling

RCW 28B.52.020(8): Scope = wages, hours and other terms/conditions of employment such as procedures for dismissal, tenure, and force reduction + prior law and practice not controlling

RCW 41.76.005(3): Scope = wages, hours and other terms/conditions of employment

RCW 41.80.020: Scope = wages, hours, and other terms/conditions of employment, excluding health benefits (except super-table), pensions, certain civil service rules, affirmative action, comparable worth

RCW 53.18.010: Scope = wages, salaries, hours, vacation, sick leave, holiday pay and grievance procedures + Ch 41.56 RCW applies per RCW 53.18.015
Ch 54.04 RCW: PERC to apply LMRA

112

Authority to decide "scope" issues (no provision in LMRA and NLRB decides scope issues in ULP cases)

PERC uses balancing test to decide scope issues in ULP cases per IAFF v. PERC (City of Richland), 113 Wn.2d 197 (1989)

RCW 41.59.020(2): PERC to decide which issues mandatory and nonmandatory

RCW 28B.52.020(8): PERC to decide which items are mandatory subjects for bargaining

RCW 41.76.005(3): PERC to decide which are mandatory subjects for bargaining, subject to RCW 41.76.010

No provision, but IAFF v. PERC (City of Richland), 113 Wn.2d 197 (1989) calls for use of balancing test in ULP proceeding

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

113

Scope of bargaining on retroactivity
(no LMRA provision)

RCW 41.56.950: Effective date of CBA concluded after expiration of CBA between same parties may be day after end of previous CBA + all benefits may accrue from that effective date

RCW 41.59.170(1): Effective date of CBA concluded after expiration of CBA between same parties may be day after end of previous CBA + all benefits may accrue from that effective date

No similar provision

RCW 41.76.075: Effective date of CBA concluded after expiration of CBA between same parties may be day after end of previous CBA + all benefits may accrue from that effective date

RCW 41.80.030(3): Effective date of CBA concluded after expiration of CBA between ER and any UN may be day after end of previous CBA + all benefits may accrue from that effective date

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

114

Scope of bargaining on grievance arbitration (no LMRA provision, but widely accepted per Section 203(d))

RCW 41.56.122: CBA may provide for final/ binding arbitration of grievances
RCW 41.56.100: If ER implements last offer, claimed violations of implemented terms subject to arbitration per latest CBA or implemented offer

RCW 41.59.130: CBA may include procedures for binding arbitration of disputes involving interpretation or application of CBA

RCW 28B.52.040: Binding arbitration authorized for disputes on interpretation of CBA, including nonretention, dismissal, denial or tenure and reduction in force

RCW 41.76.040: CBA may include final and binding arbitration of disputes on interpretation/application of CBA
RCW 41.76.005(2): Defines grievance arbitration

RCW 41.80.030(2)(a): CBA to contain final/binding arbitration of disputes on interpretation/application of CBA
RCW 41.80.130: Grievance arbitration procedures

RCW 49.08.010: Arbitration by consent of parties + RCW 49.08.020: PERC to chair arbitration board
RCW 53.18.050(3): Arbitration permitted for CBA interpretation & jurisdiction disputes, w/ expenses born equally by parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

115

Scope of bargaining on dues checkoff (no LMRA provision, and dues checkoff is subject for bargaining under LMRA)

RCW 41.56.110: Checkoff is statutory right of EBR with EE authorization
RCW 41.56.113: Dues checkoff is statutory right of EBR with written IP authorization + Cost to make deductions to be negotiated, with EBR paying in advance

RCW 41.59.060: Checkoff is statutory right of EBR with EE authorization

RCW 28B.52.035: Checkoff is statutory right of EBR with EE authorization

RCW 41.76.045(1): Checkoff is statutory right of EBR with EE authorization

RCW 41.80.100(3): Checkoff is statutory right of EBR with written EE authorization

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

116

Scope for IP unit limited (no LMRA provision)

RCW 74.39A.270(4): Consumers to select, hire, supervise and terminate IP + may use IP not referred by Home Care Quality Authority (HCQA)
RCW 74.39A.270: No bargaining on rights of DSHS, consumers or legislature + disclaimer of liability

No similar provision

117

Limitations on bargaining wages (no LMRA provision)

RCW 41.56.473: State Patrol troopers cannot bargain rates of pay, wages, retirement benefits or health benefits; other wage-related matters negotiated before Legislature approves funds must be conditioned upon legislative ratification

RCW 41.59.080(7): Supervisor and/or principal units limited to bargaining compensation
RCW 41.59.170(2): CBA may provide for increased wages/ benefits during term of individual contracts, if ER receives additional money
RCW 41.59.935: No CBA on salary/ compensation exceeding RCW 28A.150.410 and 28A.400.200 limits

RCW 28B.52.035: CBA provisions on salary not binding on Legislature + can't exceed legislative limits + reopen CBA if changed by Legislature
RCW 28B.52.210: Bargain process for determining exceptional faculty awards & amount of individual award, but grants shall be approved by trustees

RCW 41.76.035: CBA may give more $$$ than provided by legislature + ER & EBR to bargain if Legislature modifies its compensation provision

RCW 41.80.010(6): Reopen CBA if Governor or Legislature declares budget shortfall
RCW 41.80.020(2)(a-c): ER not required to bargain over EE insurance benefits, retirement system, rules of DOP or WPRB

No similar provision

118

Limitations on bargaining benefits (no LMRA provision)

RCW 41.56.220: Leave w/o pay guaranteed for EE representing bargaining unit, in order to represent unit before Legislature

No similar provision

RCW 28B.52.220: Sick leave for part-time faculty must be proportional to hours worked per RCW 28B.50.4893 and 28B.50.489

No similar provision

RCW 41.80.020(3): Bargaining for ER-paid health benefits must be at super-table of all UNs

RCW 54.04.050: PUD may contract for group insurance + individual annuity/ retirement policies and/or group annuities if not under state pension system
RCW 54.04.055: Allows for premiums to be paid after retirement as deferred comp

119

Limitations on bargaining hours (no LMRA provision)

RCW 74.39A.270: No bargaining on consumer's IP hours allowed by DSHS or area agency on aging

RCW 41.59.080(7): Supervisor and/or principal units limited to bargaining hours of work and number of days worked per year

No similar provision

120

Limitations on working conditions
(no LMRA provision)

RCW 41.56.100: No duty to bargain matters delegated to civil service similar to Ch 41.06 RCW [Historical: Exception construed narrowly in City of Yakima, Decision 3503-A (PECB, 1990), aff’d, 117 Wn.2d 655 (1991)]
RCW 41.56.203: TA/RA scope excludes termination for lack of academic progress, tuition/fees (other than remission), academic calendar, class size

RCW 41.59.930: Preserves ER responsibilities to students, public, and other constituent elements of institution

RCW 28B.52.200: Preserves ER powers and duties prescribed by law

RCW 41.76.010(1)(a): Prohibited subjects = program merits/necessity/ organization except terms/ working conditions of faculty affected + fees that are not EE term/condition + student admissions + degree requirements + content, method, supervision and evaluation of courses & research
RCW 41.76.010(2): Permissive subjects include criteria/ standards for appointment, promotion, evaluation, and tenure of faculty

RCW 41.80.020(4): Scope excludes terms inconsistent with affirmative action and comparable worth
RCW 41.80.030(2(b): Discipline/ discharge must go to grievance/ arbitration + back pay if reinstated
RCW 41.80.020(7): Contracting out permitted per RCW 41.06.142 (on/after 7/1/2005)
RCW 41.80.040(5): Management rights not subject to bargaining

RCW 53.18.060: No CBA shall restrict ER right to hire, or restrict ER right to secure regular and steady EEs from local community
RCW 54.04.180: ER has same rights as counterpart in private industry

121

Limitations on duration of CBA
(no LMRA provision, but NLRB limits contract bar to 3 years)

RCW 41.56.070: CBA invalid if contains automatic renewal or extension, or term of existence more than 3 years

No limitation on length of contracts, but RCW 41.59.070(3) limits contract bar to 3 years

RCW 28B.52.035: CBA cannot exceed 3 fiscal years

No limitation on length of contracts, but RCW 41.76.020 limits contract bar to 3 years

RCW 41.80.001: CBA limited to one fiscal biennium

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

122

NOTICE

NOTICE AND FAILURE TO AGREE

123

8(d)

Obligation to sign contract incorporating terms agreed upon, if requested by either party

RCW 41.56.030 (4): Obligation to execute written CBA + written required per State ex rel. Bain v. Clallam County, 77 Wn.2d 542 (1970)

RCW 41.59.020(2): Obligation for written contract

RCW 28B.52.020(8): Obligation for written contract

RCW 41.76.005(3): Obligation for written contract

RCW 41.80.030(1): Parties to reduce CBA to writing and both sign it

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

124

8(d)

No duty to make concession
or agree

RCW 41.56.030(4): Neither party compelled to agree to a proposal or make a concession unless otherwise provided in chapter

RCW 41.59.020(2): Obligation to bargain does not compel either party to agree to a proposal or to make a concession"

RCW 28B.52.020(8): Neither party compelled to agree to a proposal or make a concession
RCW 28B.52.200: No duty to agree to proposal or make concession

RCW 41.76.005(3): Obligation to bargain does not compel either party to agree to a proposal or to make a concession"

RCW 41.80.005(2): Obligation to bargain does not compel either party to agree to a proposal or to make a concession"

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

125

8(d)

Notice obligations of ER & UN:
- Written notice to reopen to other party 60 days before CBA expires + offer to meet for negotiations
- Notify FMCS + state agency if no agreement in 30 days
- Continue CBA in effect w/o strike/lockout until expires or 60 days

No similar provision, but:
RCW 41.56.070: CBA for term longer than 3 years invalid
RCW 41.56.123(1): All terms of CBA stay in effect to effective date of new CBA, up to 1 year (inapplicable to uniformed, ports, PUDs or if parties agree to exempt CBA from extension)

RCW 41.59.020(2): Bargaining to be conducted in light of the time limitations of budget process

RCW 28B.52.035: CBA term shall not exceed three fiscal years

No similar provision

RCW 41.80.001: Duration of contracts not to exceed one fiscal biennium
RCW 41.80.010(7) + 41.80.090: All terms of CBA remain in effect to effective date of new CBA, up to 1 year

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

126

8(d)

Notice obligations inapplicable if UN ceased to be EBR

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply LMRA

127

8(d)

Notice obligations not a basis to reopen CBA for fixed term

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply LMRA

128

8(d)

EE striking in violation of section 8(d) notice obligations loses EE status unless re-employed by ER

RCW 41.56.120: Withholds any right to strike

No similar provision

RCW28B.52.078: All strikes prohibited

RCW 41.76.065: All strikes prohibited

RCW 41.80.060: Withholds any right to strike

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

129

8(d)

Special timelines for health care institutions (leading to special mediation provisions)

RCW 74.39A.270(c)(1): CB for IP unit to start by May 1 of year prior to year in which CBA expires

No similar provision

130

Special timelines for uniformed personnel
(no LMRA provision)

RCW 41.56.450: ExecDir initiate interest arb for uniformed per mediator recommend + panel formed + hearing (w/ time limit) + decision (w/ time limit)

No similar provision

RCW 53.18.015: Ch 41.56 RCW interest arbitration applicable to port district fire fighters under LEOFF
RCW 41.56.030(7): Interest arb apples to Port of Seattle fire fighters and police

131

Special timelines for State Patrol troopers (no LMRA provision)

RCW 41.56.473 & .475: State Patrol troopers bargaining & interest arb per uniformed personnel procedure

No similar provision

132

Special timelines for public transit employees (no LMRA provision)

RCW 41.56.492: Public transit EE interest arb per uniformed procedure, except mediator invokes interest arb w/o intervention of ExecDir

No similar provision

133

8(e)

(Hot Cargo) ULP for ER & UN to agree to cease dealing with products of another ER

RCW 41.56.120: Withholds any right to strike

No similar provision

RCW28B.52.078: All strikes prohibited

RCW 41.76.065: All strikes prohibited

RCW 41.80.060: Withholds any right to strike

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

134

8(e)

Hot Cargo exception for construction industry at construction site

RCW 41.56.120: Withholds any right to strike

No similar provision

RCW28B.52.078: All strikes prohibited

RCW 41.76.065: All strikes prohibited

RCW 41.80.060: Withholds any right to strike

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

135

8(e)

Hot Cargo exception for garment industry integrated process of apparel production

RCW 41.56.120: Withholds any right to strike

No similar provision

RCW28B.52.078: All strikes prohibited

RCW 41.76.065: All strikes prohibited

RCW 41.80.060: Withholds any right to strike

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

136

8(f)

Construction industry authorization for pre-hire agreements, accelerated union security obligations, UN hiring halls, and pre-qualification (seniority)

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply LMRA

137

8(g)

Health care industry strike requires 10 day advance notice to FMCS & ER

RCW 41.56.120: Withholds any right to strike

No similar provision

RCW 41.76.065: All strikes prohibited

RCW 41.80.060: Withholds any right to strike

Ch 49.08 RCW: No ULP cases

138

REPRES

REPRESENTATION CASE PROCEDURES

139

9(a)

UN designated as EBR represents all EEs in bargaining unit {Historical: This is source of "duty of fair representation" imposed on EBR}

RCW 41.56.080: EBR must represent all EEs in bargaining unit w/o regard to membership

RCW 41.59.020(6)(a): EBR = representative of EEs in appropriate collective bargaining unit
RCW 41.59.090: EBR = UN determined to represent a majority of EEs in bargaining unit, and required to represent all EEs in unit without regard to membership

RCW 28B.52.020(7): EBR = certified under this chapter or was certified under prior statute before 7/26/87

RCW 41.76.005(8): EBR = determined by PERC to represent all faculty members in unit
RCW 41.76.015: EBR required to represent all the faculty members within bargaining unit without regard to membership in UN

RCW 41.80.005(9): EBR = certified under chapter
RCW 41.80.080(2)(a): If CBA in effect, newly certified unit added to CBA w/o bargaining.
RCW 41.80.080(3): EBR responsible for representing interests of all bargaining unit EEs, but not construed to limit right of EBR to exercise discretion to refuse to process unmeritorious grievances

RCW 41.80.005(9): EBR = certified under chapter
RCW 41.80.080(3): EBR responsible for representing interests of all bargaining unit EEs, but not construed to limit right of EBR to exercise discretion to refuse to process unmeritorious grievances

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.050(1): UN chosen by EE majority in unit represents all EEs in unit
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

140

9(a) proviso

EE has right to present grievance to ER without UN, if EBR given chance to be present + adjustment not inconsistent w/ CBA

RCW 41.56.080: EE has right to present grievance to ER w/o EBR, if EBR given chance to be present + adjustment not inconsistent w/ CBA

RCW 41.59.090: EE has right to present grievance to ER without EBR, if EBR given chance to be present & make its views known + adjustment not inconsistent w/ CBA

RCW 28B.52.050: EE may appear on own behalf relating to employment with college

RCW 41.76.015: Faculty member may present complaints/concerns to ER w/out intervention of EBR, if EBR given opportunity to be present and make its views known, and adjustment not inconsistent with CBA

No similar provision

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

141

9(b)

NLRB decide appropriate bargaining unit {Historical: Strong tradition of voluntary recognition left intact; even recognition picketing permitted for up to 30 days}

RCW 41.56.050: In disagreement as to selection of bargaining representative, PERC shall be invited to intervene
RCW 41.56.060: PERC to decide unit appropriate for purpose of collective bargaining

RCW 41.59.080: PERC to decide appropriate unit but all non-supervisory certificated must be in one unit
RCW 41.59.020(8): Non-supervisory = all certificated except supervisors & principals

RCW 28B.52.080: PERC to adopt reasonable rules to carry out chapter (with reference to elections)

RCW 41.76.025: In any dispute concerning membership in bargaining unit or allocation of EEs or positions to bargaining unit, PERC, after a hearing, shall determine the dispute

RCW 41.80.070(1): PERC, after hearing upon reasonable notice, to decide, in each application for certification as EBR, the unit appropriate for certification

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

142

9(b)

Unit determination criteria = employer unit, craft unit, plant unit, or subdivision thereof {Historical: NLRB applies "community of interest" concept}

RCW 41.56.060: PERC to consider EE duties, skills, and working conditions; history of bargaining; extent of organization; and EE desires
RCW 74.39A.270: Only appropriate IP unit is statewide

RCW 41.59.080: Community of interest criteria negated by all-nonsupervisory requirement + other limitations
RCW 41.59.080: By vote, supervisors and/or principals can be in separate units, together, or in rank/file unit
RCW 41.59.080: Occupational skill centers can have separate unit if history of bargaining justifies
RCW 41.59.080: Certificated education providers for juveniles in adult jails must be in separate units

RCW 28B.52.030: All academic faculty in college district must be in one bargaining unit. See Lower Columbia College, Decision 3987-A (CCOL, 1992).

RCW 41.76.005(11) "Bargaining unit" includes all faculty members of each college/university + only one bargaining unit per ER, and that unit must contain all faculty from all schools, colleges, and campuses of the employer. See Central Washington University, Decision 8127-A (FCBA, 2004)

RCW 41.80.070(1): PERC to consider duties, skills, and working conditions of the employees; history of bargaining; extent of organization; desires of the employees; and avoidance of excessive fragmentation
RCW 41.80.070(3): PERC can merge units represented by same UN if resulting larger unit appropriate

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
RCW 53.18.060(3): Supervisors and security to be in separate units
Ch 54.04 RCW: PERC to apply LMRA

143

9(b)(1)

Unit status of professionals: NLRB cannot co-mingle professionals with nonprofessionals, unless majority of professionals vote for inclusion

No similar provision, but status of professionals considered under "duties/skills/working conditions" criteria

No similar provision, but all EEs covered by statute would be "professional" under LMRA definition

No similar provision, but all employees covered by statute would be "professional" under LMRA definition

No similar provision, but status of professionals considered under "duties/ skills/ working conditions" criteria

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

144

9(b)(2)

Unit status of crafts: NLRB cannot decide craft unit inappropriate because different unit established by a prior NLRB ruling

No similar provision, and separation of crafts considered "duties/skills/working conditions" criteria

No similar provision, and no EEs covered by statute would be "craft" under LMRA definition

No similar provision, and separation of crafts considered "duties/skills/working conditions" criteria

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

145

9(b)(3)

Units to avoid conflicts: NLRB cannot decide unit appropriate if it commingles EE who enforce rules against other EE in the same unit as those rules enforced upon

Supervisors in separate units per City of Richland, Decision 279-A (PECB, 1979), aff'd 29 Wn. App. 599 (Division 3, 1981), rev den 96 Wa.2d 1004 (1981) and WAC 391-35-340

RCW 41.59.080: Supervisors and principals can be in separate units, together, or in rank/file unit (all by vote of the employees)

RCW 28B.52.020(3): Administrators could be in rank/file unit by vote of both groups

No similar provision

RCW 41.80.070: Supervisors must be in separate bargaining units
RCW 41.80.005(13): No employee in Washington Management Service may be included in a bargaining unit

RCW 41.80.070: Supervisors must be in separate bargaining units

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.060(3): Supervisors + security personnel cannot be in mixed units
Ch 54.04 RCW: PERC to apply LMRA

146

9(c)(5)

Extent of organization not controlling in determining appropriate unit

RCW 41.56.060: Extent of organization is among statutory criteria

RCW 41.59.080: Extent of organization is among statutory criteria (but meaningless because of other limitations)

RCW 28B.52.030: District-wide units required

RCW 41.76.005(11): Employer-wide unit required

RCW 41.80.070: Extent of organization is among statutory criteria which also require avoidance of fragmentation

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

147

9(c)(1)

NLRB to investigate QCR; may hold hearing; hearing officer shall not make recommendations; determine any QCR by election

RCW 41.56.050: If disagreement as to selection of EBR, PERC shall be invited to intervene
RCW 41.56.060: PERC decides QCR by election or cross-check
[PERC hearing officer drafts decision for ExecDir signature]

RCW 41.59.100: PERC certifies EBR
RCW 41.59.070: PERC decides QCR by election except cross-check in Gissel Packing situations
[PERC hearing officer drafts decision for ExecDir signature]

RCW 28B.52.030: EBR = UN that has won election
RCW 28B.52.080: PERC to adopt rules + reference to elections
[PERC hearing officer drafts decision for ExecDir signature]

RCW 41.76.020: PERC to certify EBR + PERC conduct election + PERC conduct cross-check by consent of parties
[PERC hearing officer drafts decision for ExecDir signature]

RCW 41.80.080(1): PERC to determine QCR, administer elections, and responsible for processing and adjudication of all disputes concerning elections
[PERC hearing officer drafts decision for ExecDir signature]

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
RCW 53.18.030: PERC to resolve QCR and jurisdictional disputes
Ch 54.04 RCW: PERC to apply LMRA

148

9(c)(1)
(A)

QCR petition by EE or UN
if ER declines to recognize EBR

RCW 41.56.050: If disagreement as to selection of EBR, PERC shall be invited to intervene

RCW 41.59.070: UN can file QCR petition

WAC 391-25-010: PERC rules allow UN to file representation petition

RCW 41.76.020(3): UN seeking certification can file petition

RCW 41.80.080(1): PERC to adopt QCR rules
WAC 391-25-010: PERC rules allow UN to file QCR petition

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

149

9(c)(1) (A)

QCR petition by EE claiming UN is no longer EBR (decertification)

RCW 41.56.050: If disagreement as to selection of EBR, PERC shall be invited to intervene

RCW 41.59.070: EE can file QCR (decertification) petition

WAC 391-25-010: PERC rules allow EE to file QCR (decertification) petition

RCW 41.76.020(3): EE seeking decertification can file petition

RCW 41.80.080(1): PERC to adopt QCR rules
WAC 391-25-010: PERC rules allow EE to file QCR (decertification) petition

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

150

Showing of interest requirement (no LMRA provision but NLRB requires 30% showing to file petition + 1 card to intervene)

RCW 41.56.070: 30% showing for petition; 10% showing to intervene
RCW 74.39A.270(2)(b): For IP unit, 10% showing of interest to petition or intervene

RCW 41.59.070: 30% showing of interest required for petition; 10% showing of interest to intervene

RCW 28B.52.080: PERC to adopt QCR rules
WAC 391-25-110: PERC rules require 30% showing for petition + 10% showing for intervention

RCW 41.76.020(3): 30% showing of interest for petition; 10% showing of interest for intervention

RCW 41.80.080(1): PERC to adopt QCR rules
WAC 391-25-010: PERC rules require 30% showing of interest for petition; 10% showing of interest to intervene

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

151

9(c)(1)
(B)

QCR petition by ER if presented with recognition demand (NLRB precedent requires showing of good faith doubt as to UN majority status)

RCW 41.56.050: If disagreement as to selection of EBR, PERC shall be invited to intervene
WAC 391-25-090 requires good faith showing that QCR exists

No provision for ER petitions + WAC 391-25-092 precludes ER petitions

RCW 28B.52.080: PERC to adopt QCR rules
WAC 391-25-090 requires good faith showing that QCR exists

RCW 41.76.020(4): ER petition requires good faith showing that QCR exists

RCW 41.80.080(1): PERC to adopt QCR rules
WAC 391-25-096 limits ER petitions to claimed abandonments

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

152

9(c)(2)

Same rules apply regardless of parties involved; cannot deny UN a place on ballot because of previous ULP

No similar provision

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
Ch 54.04 RCW: PERC to apply LMRA

153

9(c)(3)

Certification bar (no election within 12 months after valid election)

RCW 41.56.070: No QCR may be raised within one year of a certification or attempted certification

RCW 41.59.070: No recognition if EBR certified in previous 12 months +
RCW 41.59.070: No QCR may be raised within one year of a certification or attempted certification

RCW 28B.52.080: PERC to adopt QCR rules
WAC 391-25-030: Imposes 1-year certification bar

RCW 41.76.020(1): No QCR within 1 year after certification

RCW 41.80.080(4)(a): No QCR raised if fewer than 12 months have elapsed since the last certification or election

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

154

Contract bar (no LMRA provision, but NLRB precedents impose "not more than 90 nor less than 60 days" window and "last 60 days" protected period)

RCW 41.56.070: Where valid CBA in effect, "not more than 90 nor less than 60 days" window and "last 60 days" protected period

RCW 41.59.070: Where valid CBA in effect, "not more than 90 nor less than 60 days" window and "last 60 days" protected period

RCW 28B.52.080: PERC to adopt QCR rules
WAC 391-25-030: Where valid CBA in effect "not more than 90 nor less than 60 days" window and "last 60 days" protected period

RCW 41.76.020(2): Where valid CBA in effect, "not more than 90 nor less than 60 days" window and "last 60 days" protected period

RCW 41.80.080(4)(b): Where valid CBA in effect, "not more than 120 nor less than 90 days" window and "last 90 days" protected period

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

155

Contract bar limitations (no LMRA provision, but NLRB precedents honor long-duration CBA only for first 3 years + one year at a time for automatic renewal clauses)

RCW 41.56.070: CBA not valid if it contains provision for automatic renewal or extension, or if term of existence is for more than 3 years

RCW 41.59.070(3): Long-duration CBA honored as contract bar only for first 3 years + one year at time for automatic renewal clauses

RCW 28B.52.035: CBA cannot exceed 3 fiscal years

RCW 41.76.020(2): Long-duration CBA honored as contract bar only for first 3 years + one year at time for automatic renewal clauses

RCW 41.80.001: CBA limited to one fiscal biennium

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

156

9(c)(3)

EE on strike and not entitled to reinstatement may vote in election held within 12 mnths after strike started

RCW 41.56.120: No right to strike

No right to strike per Port of Seattle v. Longshoremen, 52 Wn2d 317(1958), holding public employee strikes prohibited by state common law

RCW 28B.52.078: No right to strike

RCW 41.76.065: No right to strike

RCW 41.80.060: No right to strike

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

157

9(c)(4)

Waiver of hearings ("consent election") permitted

WAC 391-25-220, 391-25-230, 391-25-250: Consent procedures emphasized in QCR processing

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

158

Secret ballot elections (no details in LMRA, but NLRB rules cover all aspects of processing and tally)

RCW 41.56.070: Few details beyond "secret ballot"
Ch 391-25 WAC: PERC rules cover all aspects of process and tally

RCW 41.59.070: Few details beyond "secret ballot"
Ch 391-25 WAC: PERC rules cover all aspects of process and tally

RCW 28B.52.080: PERC to adopt QCR rules
Ch 391-25 WAC: PERC rules cover all aspects of process and tally

RCW 41.76.020: Few details beyond "secret ballot"
Ch 391-25 WAC: PERC rules cover all aspects of process and tally

RCW 41.80.080: Statute requires secret ballots + consultation w/ UN, access to list of EEs, absentee voting, UN access to ER premises+ observers

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

159

Run-off elections (no details in LMRA, but NLRB rules cover all aspects of processing and tally)

RCW 41.56.070: Run-off election required unless one of 3 or more choices gets "majority of eligible" on first election

RCW 41.59.070: Runoff election required unless one of 3 or more choices gets "majority of ballots cast" in first election

RCW 28B.52.080: PERC to adopt QCR rules
WAC 391-25-530: Runoff unless "majority of votes cast" test met

RCW 41.76.020(7): Runoff election required unless one of 3 or more choices gets "majority of ballots cast" in first election

RCW 41.80.080: PERC to adopt QCR rules
WAC 391-25-530: Runoff unless "majority of votes cast" test met

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

160

Cross-checks (no LMRA provision, and NLRB only certifies by "cross-check" as remedy for severe unfair labor practices per Gissel Packing v. NLRB)

RCW 41.56.060: Cross-check is authorized method to determine QCR +
WAC 391-25-250: Cross-check agreements
WAC 391-25-391: Directed cross-check if UN showing of interest > 70%

RCW 41.59.070: Cross-check only available as remedy for severe unfair labor practices

No similar provision

RCW 41.76.020(6)(a): ER and only UN seeking certification (absent incumbent EBR) may agree to cross-check + cross-check available as remedy for serious unfair labor practices

RCW 41.80.080(1): PERC to adopt QCR rules
WAC 391-25-250: Cross-check agreements
WAC 391-25-396: Directed cross-check if UN showing of interest > 70%

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

161

9(d)

Certifications not subject to judicial review, BUT entire record of representation case can be sent up as record in ULP case refusing to bargain to test certification

PERC certifications appealable under state APA per Lewis County v. PERC, 31 Wn.App. 853 (1982) rev den 97 Wn.2d 1034 (1982), so no collateral attack by refusing to bargain

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: State procedural law applies

162

9(e)

De-authorization of union security (NLRB conducts secret ballot election on petition of 30% of unit seeking to rescinded union security + 12 months minimum between de-auth elections)

No similar provision (+ PERC rejected de-auth petition in City of Seattle, Decision 494 (PECB, 1978))

No similar provision

Ch 49.08 RCW: PERC only processes QCR cases by consent of parties
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

163

UNFAIR

UNFAIR LABOR PRACTICE PROCEDURE

164

10(a)

NLRB to prevent ULPs; not affected by other means of adjustment, but may cede authority to state agency for disputes of local character [Historical: NLRB has declined to cede authority and U.S. Supreme Court ruled Congress "occupied the field" in San Diego Building Trades v. Garmon]

RCW 41.56.160: PERC to prevent ULPs, power not affected by any other means of adjustment

RCW 41.59.150: PERC to prevent ULPs, power not affected by any other means of adjustment

RCW 28B.52.065: PERC to adjudicate unfair labor practices

RCW 41.76.055(1): PERC to prevent ULPs; power not affected by any other means of adjustment

RCW 41.80.120: PERC to prevent ULPs, power not affected by any other means of adjustment

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA standards via Ch 41.56 RCW procedures per Clark PUD v PERC, 110 Wn.2d 114 (1988)

165

10(b)

NLRB (General Counsel) to issue complaint for unfair labor practice hearing on 5+ days notice

No similar provision + PERC staff does not issue or prosecute complaints

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

166

10(b)

6 month limitation on filing unfair labor practice charge

RCW 41.56.160: 6 month limitation on filing unfair labor practice complaint

RCW 41.59.150(1): 6 month limitation on filing unfair labor practice complaint

No similar provision

RCW 41.76.055(1): 6 month limitation on filing unfair labor practice complaint

RCW 41.80.120: 6 month limitation on filing unfair labor practice complaint

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

167

10(b)

6 month period extended if being in military service prevented person from filing

No similar provision

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

168

10(b)

Respondent has right to answer and defend

WAC 391-45-190 requires answer and permits defense

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

169

10(b)

Intervention by other parties may be allowed

Ch 34.05 RCW (state APA) and Ch 391-45 WAC permit intervention

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

170

10(b)

Rules of evidence used in courts applicable

Ch 34.05 RCW allows admission of evidence that would not be admitted in court

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

171

10(c )

Preponderance of evidence standard applicable

Ch 34.05 RCW applies preponderance of evidence via "substantial evidence" inquiry for each finding of fact

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

172

10(c )

NLRB can dismiss complaint

WAC 391-45-110: Preliminary ruling process includes dismissal of defective complaint after deficiency notice

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

173

10(c )

NLRB to issue remedial orders, including reinstatement & backpay

RCW 41.59.150(2): PERC to issue orders requiring person to stop ULP and effectuate purposes of Act such as reinstatement, damages

RCW 28B.52.065: PERC to adjudicate ULPs and to adopt reasonable rules to carry out chapter

RCW 41.76.055(2): PERC to issue orders requiring person to stop ULP and effectuate purposes of Act such as reinstatement, damages

RCW 41.80.120(2): PERC to issue orders requiring person to stop ULP and effectuate purposes of Act such as reinstatement, damages

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

174

10(c )

Reinstatement unavailable if EE discharged for cause [Historical: NLRB applies burden-shifting under Wright Line test, dismissing ULP if ER shows "cause" for discharge]

PERC applies "substantial motivating factor" test per Wilmot v. Kaiser Aluminum, 118 Wn.2d 46 (1991) & Allison v. Seattle Housing Authority, 118 Wn.2d 79 (1991)

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

175

10(c )

Same standards regardless of affiliation with national or international union

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply LMRA

176

10(d)

NLRB can modify its order, upon reasonable notice, until case filed in court

Ch 34.05 RCW (state APA) regulates modification of orders

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

177

10(e)

NLRB may seek enforcement of order or temporary relief by petition to court of appeals or district court {Historical: Enacted in 1935 in context of Norris-LaGuardia Act, which precludes federal courts from issuing injunctions in labor cases}

RCW 41.56.160(3): PERC may seek enforcement of order or temporary relief by petition to superior court
[Historical: State "Little Norris-LaGuardia Act" unconstitutional per Blanchard v. Golden Age Brewery, 188 Wash. 396 (1936) as infringement on authority of Wa. courts]

RCW 41.59.150(3): PERC may seek enforcement of order or temporary relief by petition to superior court
[Historical: State "Little Norris-LaGuardia Act" unconstitutional per Blanchard v. Golden Age Brewery, 188 Wash. 396 (1936) as infringement on authority of Wa. courts]

RCW 28B.52.065: PERC to adjudicate ULPs and to adopt reasonable rules to carry out chapter
Ch 34.05 RCW authorizes enforcement proceedings

RCW 41.76.055(3): PERC may seek enforcement of order or temporary relief by petition to superior court
[Historical: State "Little Norris-LaGuardia Act" unconstitutional per Blanchard v. Golden Age Brewery, 188 Wash. 396 (1936) as infringement on authority of Wa. courts]

RCW 41.80.120(3): PERC may seek enforcement of order or temporary relief by petition to superior court
[Historical: State "Little Norris-LaGuardia Act" unconstitutional per Blanchard v. Golden Age Brewery, 188 Wash. 396 (1936) as infringement on authority of Wa. courts]

RCW 41.58.015: PERC (with state Attorney General) may petition court to enforce decision of commission
Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

178

10(e)

Filing of record in court + standard of review

Ch 34.05 RCW (state APA) regulates judicial review

179

10(f)

Party can appeal to circuit court

RCW 41.56.165: State APA regulates judicial review

RCW 41.59.160: State APA regulates judicial review

Ch 34.05 RCW (state APA) regulates judicial review

180

10(g)

No automatic stay of NLRB order upon commencement of court proceeding

Ch 34.05 RCW (state APA) regulates judicial review

181

10(h)

Jurisdiction of federal courts to enforce NLRB orders not limited by Norris-LaGuardia Act

No provision necessary, because state "Little Norris-LaGuardia Act" held unconstitutional per Blanchard v. Golden Age Brewery, 188 Wash. 396 (1936)]

182

10(i)

Repealed

n/a

183

10(j)

NLRB can petition for injunction in ULP case and district courts empowered to issue labor case injunction
[Historical: Section 10(e) in Wagner Act was not enough to circumvent Norris-LaGuardia Act, so Section 10(j) added in LMRA]

RCW 41.56.160(3): PERC may seek enforcement of order or temporary relief by petition to superior court
[Historical: State "Little Norris-LaGuardia Act" held unconstitutional per Blanchard v. Golden Age Brewery, 188 Wash. 396 (1936)]

RCW 41.59.150(3): PERC may seek enforcement of order or temporary relief by petition to superior court
[Historical: State "Little Norris-LaGuardia Act" held unconstitutional per Blanchard v. Golden Age Brewery, 188 Wash. 396 (1936)]

RCW 28B.52.065: PERC to adjudicate ULPs and to adopt reasonable rules to carry out chapter
Ch 34.05 RCW authorizes enforcement proceedings

RCW 41.76.055(3): PERC may seek enforcement of order or temporary relief by petition to superior court
[Historical: State "Little Norris-LaGuardia Act" held unconstitutional per Blanchard v. Golden Age Brewery, 188 Wash. 396 (1936)]

RCW 41.80.120(3): PERC may seek enforcement of order or temporary relief by petition to superior court
[Historical: State "Little Norris-LaGuardia Act" held unconstitutional per Blanchard v. Golden Age Brewery, 188 Wash. 396 (1936)]

184

10(k)

NLRB to honor ULP settlement filed within 10 days after charge

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedure

185

10(l)

ULP cases given priority if they allege "demand for recognition" or "hot cargo"

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedure

186

10(l)

Temporary relief from district court in "demand for recognition" and "hot cargo" cases

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedure

187

10(m)

ULP "discrimination" cases to be given priority

No similar provision, but PERC gives high priority to discrimination cases

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedure

188

Investigatory powers of NLRB

No similar provision + reference to "investigation" in 1969 law which paraphrased LMRA repealed in 1983

No similar provision

Ch 49.08 RCW: No ULP cases
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedure

189

11(1)

NLRB subpoena power

Ch 34.05 RCW + WAC 391-08-300, 391-08-310 regulate subpoenas

190

11(1)

NLRB hearings (administering oaths and examining witnesses)

Ch 34.05 RCW (state APA) regulates hearings

191

11(2)

Enforcement of NLRB subpoena by district court

Ch 34.05 RCW (state APA) regulates enforcement of subpoenas

192

11(3)

Repealed {Historical: Subsection repealed in 1979}

No similar provision

193

11(4)

Service of NLRB papers and witness fees

Ch 34.05 RCW (state APA) + WAC 391-08-120: Filing/service of papers

194

11(5)

Service of court papers

Ch 34.05 RCW (state APA) regulates filing of court papers

195

11(6)

Other federal departments to furnish NLRB with all requested information when directed by the President

No similar provision

196

MISCEL

MISCELLANEOUS NLRB PROVISIONS

197

Impeding/interfering w/ NLRB is crime punishable by fine or imprisonment

No similar provision

RCW 9A.76.180: Intimidating public servant is a crime punishable by fine or imprisonment

198

Right to strike preserved: "nothing shall be construed to interfere or impede or diminish the right to strike"

RCW 41.56.120: Right to strike not granted + Port of Seattle v. Longshore- men, 52 Wn2d 317 (1958) prohibits public EE strikes per common law
RCW 41.56.490: Uniformed = no right to strike + contempt (applies to WSP per RCW 41.56.475 + transit per RCW 41.56.492)
RCW 74.39A.270(d): IP unit = no right to strike

No similar provision and see Port of Seattle v. Longshoremen, 52 Wn.2d 317 (1958), holding public employee strikes are illegal as "affront to the sovereign" under state common law

RCW 28B.52.078: Strikes prohibited

RCW 41.76.065: Right of faculty to engage in any strike is prohibited

RCW 41.80.060: Right to strike not granted

Ch 49.36 RCW: Right to strike preserved
RCW 53.18.020: Nothing in chapter authorizes any employee or employee organization to cause or engage in a strike or similar activity against any port district
RCW 54.04.170: PUD employees impliedly have right to strike along with all other rights conferred by LMRA

199

Lockouts not mentioned

RCW 41.56.490: Prohibition on "uniformed" work stoppages applies to UN and ER

No similar provision, but Pierce County Superior Court ordered Clover Park SD to open schools (for benefit of students on lawsuit by parents) faced with strike

RCW 28B.52.078: Lockouts prohibited

RCW 41.76.065: Lockouts prohibited

No similar provision

200

14(a)

Supervisors may be/remain UN members, but that does not make them EEs under LMRA

Supervisors placed in separate units per City of Richland, Decision 279-A (PECB, 1978), aff’d, 29 Wn. App. 599 (1981) and WAC 391-35-340, can select same local organization per IAFF v. PERC (City of Richland), 45 Wn. App. 686 (1986), rev. den. 107 Wn.2d 1030 (1987)

RCW 41.59.080(2): Supervisors can be in separate units, mixed with principals, or even mixed with non-supervisory, and no restriction on their being members of or selecting same local organization

RCW 28B.52.020(3): Administrators can be mixed with non-supervisory faculty by vote, and no restriction on their being members of same local organization

No similar provision

RCW 41.80.070(1)(a): Supervisors have bargaining rights but must be in separate units + no restriction on them being members of same organization

Ch 49.08 RCW: No ULP cases
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply Ch 41.56 RCW procedures

201

14(b)

States can regulate union security [Historical: This condoning of state "right to work" laws is extremely disliked by the labor movement]

RCW 41.56.122: Union shop allowed

RCW 41.59.100: Agency shop allowed

RCW 28B.52.045: Union shop allowed

RCW 41.76.045: Union shop allowed

RCW 41.80.100: Union shop allowed

RCW 53.18.050: Maintenance of membership allowed
Ch 54.04 RCW: Ch 41.56 RCW allows union shop

202

14( c)

NLRB can cede jurisdiction to state agencies per 1959 $$ standards and states can assert jurisdiction if NLRB declines [Historical: Because of inflation since 1959, the NLRB now has jurisdiction over all businesses with meaningful workforces]

No similar provision

No similar provision, but RCW 28B.52.065 directs PERC to defer to arbitration in ULP cases

No similar provision

203

LMRA prevails over Ch 10, Section 272 of bankruptcy code

No similar provision

Ch 54.04 RCW: LMRA applies?

204

Severability - if one part of Act deemed invalid, other parts not affected

RCW 41.56.910: Severability

RCW 41.59.950: Severability

RCW 28B.52.900: Severability

RCW 41.76.900: Severability

RCW 41.80.909: Severability

No similar provision

205

Short title = National Labor Relations Act

RCW 41.56.900: "Public EEs' Collective Bargaining Act"

RCW 41.59.900: "Educational Employment Relations Act"

Code Reviser assigned "Collective Bargaining Academic Personnel in Community Colleges"

PERC uses "Faculty Collective Bargaining Act" (FCBA)

RCW 41.80.907: Personnel System Reform Act of 2002 (PSRA)

Ch 41.58 RCW = Public Employment Labor Relations
Ch 49.08 RCW = Arbitration of Disputes
Ch 53.18 RCW = Employment Relations - Collective Bargaining and Arbitration

206

Transition for CIO and AFL

No similar provision

Ch 54.04 RCW: PERC to apply LMRA

207

Right of non-association for religious beliefs [Historical: The NLRA provision was not enacted until 1974 and was amended in 1980]

RCW 41.56.122: Right of non- association for religious beliefs [Historical: Applies to individual beliefs as well as teachings of religious body per Grant v. Spellman, 99 Wn.2d 815 (1983) on remand from US Supreme Court]

RCW 41.59.100: Right of non- association for religious beliefs

RCW 28B.52.045(3): Right of non- association for religious beliefs

RCW 41.76.045 (3): Right of non- association for religious beliefs

RCW 41.80.100 (2): Right of non- association for religious beliefs

Ch 49.08 RCW: PERC does not process any non-association cases
RCW 53.18.015: Ch 41.56 RCW applies
RCW 54.04.170: PERC applies LMRA per Ch 41.56 RCW procedure

208

FMCS M

FMCS MEDIATION / CONCLIIATION PRO

209

201

Policy of USA is that general welfare advanced through settlement through mediation, conciliation, and arbitration

RCW 41.56.010: Intent to promote ER / EE relations by implementing EE right to join UN of own choosing and be represented in matters concerning job
RCW 41.56.430 Interest Arbitration = public policy against strikes by uniformed EEs + uninterrupted service of these classes vital to public welfare/safety + should exist alternative means of settling disputes + applies to WSP per RCW 41.56.475 + applies to public transit per RCW 41.56.492

RCW 41.59.010: Purpose to prescribe rights of education EEs & ERs + prescribe procedures

RCW 28B.52.010: Strengthen methods of administering ER-EE relations; prescribe rights & duties to EEs and ERs; promote open communication and timely access to information

RCW 41.76.001: Define procedures for bargaining & dispute resolution; prohibit practices contrary to public interest; expand PERC jurisdiction to faculty in public 4-year institutions of higher ed

No similar provision

RCW 41.58.005: Intent of Legislature to provide for "uniform and impartial . . . efficient and expert" resolution of labor disputes by creating PERC and transferring jurisdiction

210

202

Federal Mediation and Conciliation Service (FMCS) created as independent federal agency

See Chapter 41.58 RCW ----------------->

RCW 41.58010: Public Employment Relations Commission created

211

202(a)

FMCS headed by director appointed by President (Senate confirms)

See Chapter 41.58 RCW ----------------->

RCW 41.58.015(2) Commission appoints Executive Director

212

202(b)

FMCS can hire staff

See Chapter 41.58 RCW ----------------->

RCW 41.58.015(2): PERC Executive Director can hire staff

213

202(c )

FMCS principal office in Washington, D.C.

See Chapter 41.58 RCW ----------------->

RCW 41.58.030: PERC principal office in Olympia

214

202(c )

FMCS may establish regional offices and Director can delegate authority to regional directors

See Chapter 41.58 RCW ----------------->

No similar provision, but PERC has always had branch offices and recently delegated supervision to Field Service Managers

215

202(c )

FMCS to submit annual report

See Chapter 41.58 RCW ----------------->

RCW 41.58.010(3): PERC to submit annual report

216

202(d)

Transfer of mediation functions from Secretary of Labor and US Conciliation Service to FMCS

See Chapter 41.58 RCW ----------------->

RCW 41.76.001: Expand jurisdiction of PERC to cover 4-year institutions of higher education

RCW 41.06.340: PERC to process QCR, unit determination and ULP cases effective 6/13/2002
RCW 41.80.900: WPRB to process mediation or arbitration (or ULP?) filed up to 7/1/05 under CBA existing before 7/1/04 per authorities, rules, and procedures under RCW 41.06.150(11) as it existed before 7/1/04

RCW 41.58.800 thru .802: Labor relations functions of Labor & Industries, Supt of Public Inst. & State Com. Colleges Board transferred to PERC eff. 1/1/1976
RCW 41.80.900 thru 41.80.901: Labor relations functions of WPRB and Department of Personnel transferred to PERC eff. 6/13/2002 or 7/1/2004

217

203(a)

Duty of FMCS = mediation to prevent/ minimize labor disputes affecting commerce

See Chapter 41.58 RCW ----------------->

RCW 41.58.020(1): Duty of PERC = mediation to prevent / minimize labor disputes (similar to LMRA)

218

203(b)

FMCS may offer mediation on its own motion or upon request of parties [Historical: Sentence about ceding jurisdiction to state agencies prompted creation of ALRA?]

RCW 41.56.100: ER or EBR may submit any matter in dispute to PERC
RCW 41.56.440: If no agreement for uniformed after 60 days, ER or EBR may ask PERC for mediation + applies to Wa State Patrol per RCW 41.56.475 + public transit per RCW 41.56.492

RCW 41.59.120(1): PERC provide mediation on request of either party

RCW 28B.52.060: PERC provide mediation at request of either party

RCW 41.76.030: PERC provide mediation on request of either party

RCW 41.80.090: PERC provide mediation on request of either party

RCW 41.80.090 either party can request commission to mediate

RCW 41.58.020(2): PERC may offer mediation on its own motion or upon request of a party (similar to LMRA)
RCW 49.08.010: Upon application, PERC to advise parties in dispute
RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

219

203(c )

FMCS to seek agreement by alternative means, including EE secret ballot vote on ER final offer [Historical: This has rarely been done]

See Chapter 41.58 RCW ----------------->

RCW 41.58.020(3): PERC to seek agreement by alternative means, including EE secret ballot vote on ER final offer [Historical: This has never been used]

220

203(d)

Arbitration is desirable method for final adjustment of grievance disputes + FMCS only to mediate grievances as last resort.

See Chapter 41.58 RCW ----------------->

RCW 41.58.020(4): Arbitration is desirable method for final adjustment of grievances + PERC to mediate grievances only as a last resort (similar to LMRA)

221

204(1)

Obligation of ER and EEs to prevent/ minimize disputes by every reasonable effort to make agreements + provide notice of proposed changes

See Chapter 41.58 RCW ----------------->

RCW 41.58.040(1): Obligation of ER & EEs to prevent/ minimize disputes by every reasonable effort to make agreements + provide notice of proposed changes (similar to LMRA)

222

204(2)

Obligation of ER and EEs to prevent/ minimize disputes by promptly arranging meeting and endeavor to settle dispute

See Chapter 41.58 RCW ----------------->

RCW 41.58.040(2): Obligation of ER & EEs to prevent/ minimize disputes by promptly arranging meeting and endeavor to settle dispute (similar to LMRA)

223

204(3)

Obligation of ER and EEs to prevent/ minimize disputes by participating in FMCS mediation on unresolved disputes

See Chapter 41.58 RCW ----------------->

RCW 41.58.040(3): Obligation of ER & EEs to prevent/ minimize disputes by participating in PERC mediation on unresolved disputes (similar to LMRA)

224

ADDITIO

ADDITIONAL STATE LAW PROVISIONS

225

Mediator lacks power of compulsion (LMRA practice, but no LMRA provision)

RCW 41.56.440: Mediator in "uniformed" dispute has no power of compulsion + applies to Wa State Patrol per RCW 41.56.475 + public transportation per RCW 41.56.492

RCW 41.59.120(1): Mediator, without consent of both parties, shall not make findings of fact or recommend terms of settlement

No similar provision

RCW 53.18.015: Ch 41.56 RCW applies

226

Alternate mediation procedures (no LMRA provision other than overlap with state mediation agencies)

RCW 41.56.440: PERC jurisdiction exclusive in "uniformed" cases (because ExecDir must certify for interest arb)
RCW 41.56.492: PERC jurisdiction non-exclusive in "transit" cases (because mediator certifies for interest arb w/o intervention of ExecDir [reflects historical practice of METRO and ATU to use FMCS]

RCW 41.59.120(1): Parties can agree on their own mediation procedure
RCW 41.59.120(5): Parties can agree on their own impasse procedure

RCW 28B.52.060: Parties may agree to substitute their own impasse procedure at their own expense

RCW 41.76.030(2): Parties can substitute their own impasse procedure at their own expense

No similar provision

Ch 41.58 RCW: PERC/FMCS liaison agreement in 1976 provides: (1) PERC only mediates in private sector on joint request of parties; (2) all public sector parties must go through PERC; and (3) PERC has referred some cases to FMCS
RCW 53.18.015: Ch 41.56 RCW applies

227

Availability of factfinding or interest arbitration (no similar LMRA provision)

RCW 41.56.030(7), .430, .450: "Uniformed" eligible for interest arb initiated by ExecDir on recommend of mediator
RCW 41.56.475: Wa State Patrol troopers eligible for interest arb
RCW 41.56.492: Public transit EEs eligible for interest arb invoked by mediator
RCW 74.39A.270: IP unit eligible for interest arb per uniformed procedure

RCW 41.59.120(2): Either party can request factfinding if no CBA after 10 days of mediation

No similar provision

RCW 41.80.090: Either party may request factfinding if no agreement after expiration of CBA or after 100 days of mediation

RCW 53.18.015: Ch 41.56 RCW applies

228

Impasse procedure - Selection of surrogate reasonable person
(no similar LMRA provision)

RCW 41.56.450: ER and EBR to each name partisan arb in 7 days + those two agree on neutral chair + if no agreement then (1) Joint request to PERC for appointment, or (2) either party apply to PERC, FMCS, or AAA for panel + applies to Wa State Patrol per RCW 41.56.475 + public transit per RCW 41.56.492

RCW 41.59.120(2): Parties to select factfinder or PERC appoints + mediator cannot be factfinder unless consent of both parties

No similar provision

RCW 41.80.090: Factfinder appointed by PERC

RCW 53.18.015: Ch 41.56 RCW applies

229

Impasse procedure - Hearing
(no similar LMRA provision)

RCW 41.56.450: IntArb hearing + rules of evidence not binding + subpoena power + conclude hearing in 25 days
RCW 41.56.452: IntArb panel is state agency exempt from APA
RCW 41.56.470: Status quo frozen during IntArb

RCW 41.59.120(2): Factfinder to meet with parties, make inquiries, hold hearing, take other steps as appropriate + power of subpoena + factfinder is agent of state

No similar provision

RCW 41.80.090: Factfinder to meet with parties, make inquiries, hold hearing, take other steps as appropriate

RCW 53.18.015: Ch 41.56 RCW applies

230

Impasse procedure - Standards
(no similar LMRA provision)

RCW 41.56.465: IntArb to consider ER authority, stipulations, comparables, CPI, changed circumstances, other factors as apply
RCW 74.39A.270(2)(c)(ii): Interest Arb for IP unit to consider financial ability of state to pay

No similar provision

RCW 53.18.015: Ch 41.56 RCW applies

231

Impasse procedure - Decision
(no similar LMRA provision)

RCW 41.56.450: Neutral to consult with panel members, but determines all issues by written decision

RCW 41.59.120(2): Factfinder to make recommendations together with findings of fact

No similar provision

RCW 41.80.090: Factfinder to make findings of fact and recommend terms of settlement within 30 days

RCW 53.18.015: Ch 41.56 RCW applies

232

Impasse procedure - Followup
(no similar LMRA provision)

RCW 41.56.450: Arbitration award final & binding on parties + enforced by court per arbitrary/ capricious test
RCW 41.56.480: Arbitration award final & binding + enforced by court at instance of ER, EBR or PERC
RCW 74.39A.270(c )(iii): Decision of IntArb not binding on Legislature; if Legislature does not appropriate funds award not binding on the state

RCW 41.59.120(2): Factfinding recommendations advisory only + kept private for 5 days then released to public

No similar provision

RCW 41.80.090: Factfinding award kept private for 10 days, then released by PERC to general public

RCW 53.18.015: Ch 41.56 RCW applies

233

Impasse procedure - Costs
(no similar LMRA provision)

RCW 41.56.450: Parties pay for interest arbitrator they select; PERC pays for (staff) interest arbitrator it appoints.

RCW 41.59.120(2): PERC pays for factfinding, but parties can agree on own procedure at own expense [Historical: All factfinders from PERC staff since funding deleted from PERC budget in 1981]

No similar provision

RCW 41.80.090: Costs of factfinding borne equally by parties + nothing prohibits ER and EBR from substituting their own impasse procedure at their own expense

RCW 53.18.015: Ch 41.56 RCW applies

234

ADDITIO

ADDITIONAL STATE LAW PROVISIONS

235

CBA remains in effect following expiration (no LMRA provision)

RCW 41.56.123(1): All terms of CBA remain in effect to effective date of new CBA, up to 1 year (unless parties agree to exempt CBA from extension)
RCW 41.56.123(3): Extension inapplicable to uniformed personnel or if nullified by agreement of parties
RCW 74.39.300: Extension year applies, except RCW 74.39A.270(6)(f) preserves right of Legislature to make program changes

No similar provision

RCW 41.80.010(7): All terms of CBA remain in effect to effective date of new CBA, up to 1 year

Ch 53.18 RCW: No extension year per RCW 41.56.123 for port units
Ch 54.04 RCW: No extension year per RCW 41.56.123 for PUD units

236

Grievance arbitration remains in effect following unilateral implementation of offer (no LMRA provision)

RCW 41.56.100: If ER implements changes, alleged violations of imple- mented terms subject to grievance arb per procedure in implemented offer or per parties' last CBA [Historical: This provision has never been invoked]

No similar provision

RCW 53.18.015: Ch 41.56 RCW applies

237

Grievance arbitration authorized (LMRA provision Sec. 203(d) endorses grievance arbitration, and provisions in vast majority of CBAs)

RCW 41.56.122: CBA may include provision for final and binding arbitration of grievances

RCW 41.59.130: CBA may include procedures for final and binding arbitration of grievances

RCW 28B.52.040: CBA may include procedures for final and binding arbitration of grievances

RCW 41.76.040(1): CBA may include procedures for final and binding arbitration of grievances

RCW 41.80.030(2)(a): CBA MUST INCLUDE provision for final and binding arbitration of grievances

Ch 49.08 RCW: PERC to make inquiry into cause of labor dispute and advise what, if anything, ought to be done to adjust dispute + if no agreement, PERC endeavor to have parties submit their differences to board of arbitration
RCW 53.18.030: PERC arbitrate at ER and UN request + when no other procedure available, use Ch 49.08 RCW

238

PERC staff arbitrators
(no LMRA provision)

RCW 41.56.125: PERC supplies staff members as grievance arbitrators w/o charge

No similar provision

RCW 41.76.040(1): Parties may agree to use PERC staff as grievance arbitrators

RCW 41.80.130(1): Parties may agree to use PERC staff as grievance arbitrators

RCW 53.18.015: Chapter 41.56 RCW also applies

239

Selection of other arbitrators (no LMRA provision, but FMCS, AAA and PERC each operate panels of arbitrators)

Chapter 391-65 WAC: PERC panel arbitrators available for grievance cases

RCW 41.76.040(1): Parties may agree to use any source of arbitrators available to them, including PERC panel + can be more than 1 arbitrator
Chapter 391-65 WAC: PERC panel arbitrators available for grievance cases

RCW 41.80.130(1): Parties may agree to use any source of arbitrators available to them, including PERC panel
Chapter 391-65 WAC: PERC panel arbitrators available for grievance cases

Ch 49.08 RCW: ER to appoint one + UN to appoint one + two appointees to select a third [Historical: 3-member panels now seldom used in grievance arbitration]

240

Arbitrator has subpoena power (no LMRA provision, but customary practice)

No similar provision

RCW 41.76.040(2): Arbitrator may require person to attend as witness
RCW 41.76.040(2): Arbitration witness fees same as superior court

RCW 41.80.130(2): Arbitrator may require person to attend as witness
RCW 41.80.130: Arbitration witness fees same as superior court

RCW 49.08.030: Process issued by arbitrators served by sheriff, coroner or constable

241

Arbitrator to hold hearing (no LMRA provision, but customary practice)

No similar provision

RCW 41.76.040(3): Arbitrator to set time/place for hearing + administer oaths

RCW 41.80.130(3): Arbitrator to set time/place for hearing + administer oaths

RCW 49.08 020: Oaths to witnesses

242

Enforce agreement to arbitrate in court (no LMRA provision, but U.S. Supreme Court "Steelworkers trilogy" (343 US 574 (1960)) applies)

No similar provision

RCW 41.76.040(4): If party refuses to arbitrate, other party may invoke superior court + court to order arbitration if grievance states claim covered by CBA

RCW 41.80.130(4): If party refuses to arbitrate, other party may invoke superior court + court to order arbitration if grievance states claim covered by CBA

RCW 41.08.050: Upon refusal to arbitrate, PERC can issue press release announcing refusal.

243

Enforce grievance arbitration award in court (no LMRA provision, but U.S. Supreme Court "Steelworkers trilogy" (343 US 574 (1960)) applies

No similar provision

RCW 41.76.040(5): On failure to obey arb award, other party may invoke superior court to enforce + exceptions if award procured by fraud, evident partiality, arbitrator misconduct or exceeding jurisdiction

RCW 41.80.130(5): If party does not obey arbitration award, other party may invoke superior court

No similar provision

244

OTHER L

OTHER LMRA PROVISIONS

245

205

National Labor Management Panel created to advise FMCS Director

No similar provision

246

205A

FMCS may provide assistance and grants to joint labor management committees that seek to improve labor-management relations

No similar provision

RCW 41.06.540: EE involvement essential + use L-M Ctte + EBR to select EE members + L-M Ctte to improve quality of work life for state EEs = productive/ efficient service delivery + Not supplant bargaining process or CBA

No similar provision

247

205A
(b)

EEs must be represented by UN certified and does not discourage rights, and CBA must be in effect

No similar provision

248

206 thru 210

National emergencies provisions, including:
206: President may appoint Board of Inquiry during emergency
207: Composition and pay of board
208: President may direct Attorney General to petition to enjoin strike
209: President reconvene board after injunction + mediation + 60-day cooling off period
210: Attorney General to shut down litigation when dispute settled

RCW 41.56.430: Uninterrupted service by "uniformed" essential so IntArb imposed to level playing field
RCW 41.56.490: Right of uniformed personnel strike not granted + PERC may invoke jurisdiction of superior court per RCW 41.56.480 & .490 + party disobeying court order in contempt + applies to State Patrol (per RCW 41.56.475) + applies to public transit (per RCW 41.56.492) + applies to IP unit (per RCW 74.39A.270)

No similar provision

249

211

Compilation of CBAs to be maintained by U.S. Dept. of Labor

No similar provision

No similar provision [Historical: PERC had, but repealed, rule requiring filing of EERA contracts w/ PERC]

No similar provision

250

212

Railway Labor Act matters exempt from LMRA

No similar provision

251

213

Health care industry special mediation provisions

No similar provision, and PERC offers usual mediation services for public hospital districts

No similar provision

252

301

Federal court jurisdiction conferred for suits by/against labor & management, including "violation of contract" claims [Historical: Added in LMRA to avoid Norris-LaGuardia Act and "diversity of citizenship" limitations]

No similar provision [Historical: Grant of jurisdiction to courts not needed in WA, where courts struck down state "little Norris-LaGuardia Act" as infringement on constitutional authority of courts]

253

302(a)

ER giving or paying money or anything of value unlawful to:
(1) any representative of EEs in industry affecting commerce
(2) any UN seeking to represent EEs in industry affecting commerce
(3) any EE or EEs, to influence exercise of bargaining rights
(4) any officer of UN, in effort to influence his/her actions as UN officer

No similar provision, and RCW 41.56.140(2) prohibits ER domination of UN

No similar provision, and RCW 41.59.140(1)(b) prohibits ER domination of UN

No similar provision, and RCW 28B.52.073(a)(2) prohibits ER domination of UN

No similar provision, and RCW 41.76.050(1)(b) prohibits ER domination of UN

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

254

302(b)
(1)

Unlawful for UN to ask for anything unlawful under 302(1)(a)

No similar provision, and RCW 41.56.140(2) prohibits ER domination of UN

No similar provision, and RCW 41.59.140(1)(b) prohibits ER domination of UN

No similar provision, and RCW 28B.52.073(a)(2) prohibits ER domination of UN

No similar provision, and RCW 41.76.050(1)(b) prohibits ER domination of UN

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

255

302(b)
(2)

UN demanding tribute from trucker for handling cargo unlawful, except normal wages

No similar provision

Ch 54.04 RCW: PERC to apply LMRA

256

302(c )

Exemptions from 302 for normal wages, remedy awards by impartial body, purchases at market value

No similar provision

Ch 54.04 RCW: PERC to apply LMRA

257

302(c )
(4)

Checkoff of union dues exempted from 302 prohibition

RCW 41.56.110: Dues checkoff is statutory right of EBR

RCW 41.59.100: Dues checkoff is statutory right of EBR

RCW 28B.52.045: Dues checkoff is statutory right of EBR

RCW 41.76.045: Dues checkoff is statutory right of EBR

RCW 41.80.100: Dues checkoff is statutory right of EBR

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

258

302(c )
(5)

Pension & welfare trusts to benefit EEs & dependents authorized as exemption to 302 prohibition

No similar provision

Ch 54.04 RCW: PERC to apply LMRA

259

303

Boycotts prohibited by section 8(b)(4) create private cause of action for injured parties

No similar provision [Historical: No private cause of action for strike damages per Burke/Thomas v. MM&P, 91 Wn.2d 1022 (1979)]

Ch 53.18 RCW: No similar provision [Historical: No private cause of action per Burke/Thomas, 91 Wn.2d 1022 (1979)]
Ch 54.04 RCW: LMRA would apply?

260

313

Restriction on political contributions set forth within bargaining statute

No similar provision

261

401

Congressional Joint Ctte on Labor-Management Relations created

No similar provision [Historical: Study committees existed under two laws, both since repealed]

No similar provision

RCW 41.80.010(5): Joint Committee on Employment Relations (JCOER) created

No similar provision

262

501

Definitions

No similar provision

263

501(1)

Industry affecting commerce = activity or labor dispute that would burden the free flow of commerce

No similar provision

264

501(2)

Strike = concerted slowage or stoppage of work

No similar provision

265

501(3)

Other terms ("commerce," "labor dispute," "employer," "labor organization," "representative," "person," "supervisor") = see NLRA

No similar provision

266

502

Saving clause - EE must be compensated for services, quitting is legal, court cannot compel individual to work

No similar provision

267

503

Severability clause - Invalidation of one part does not affect the whole

RCW 41.56.910: Severability

RCW 41.59.950: Severability

RCW 28B.52.900: Severability

RCW 41.76.900: Severability

RCW 41.80.909: Severability

No similar provision

268

Supremacy in event of conflict
(no LMRA provision)

RCW 41.56.122: CBA union security obligation prevails in conflict with ER charter, ordinance or regulation, including civil service commission
RCW 41.56.905: Chapter prevails (for all purposes per Rose v. Erickson, 106 Wn.2d 420 (1986) in conflict with other statute, ordinance or regulation

RCW 41.59.910: CBA prevails in conflict with any resolution, rule, policy or regulation of ER or its agents

RCW 28B.52.090: Nothing in chapter to annul or modify any lawful agreement between any college and EBR

No similar provision

41.80.020(6): CBA prevails in conflict with executive orders, administrative rules, and agency policy relating to mandatory subjects, unless otherwise noted in chapter

RCW 53.18.015: Ch 41.56 RCW applies
Ch 54.04 RCW: PERC to apply LMRA

269

End