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