H-0710

AN ACT Relating to labor relations consultants; and adding a new chapter to Title 18 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds and declares that the use of outside consultants is an increasing element in public sector labor relations. The public has a right to be kept informed about the role of outside consultants in public sector labor relations. The purpose of this chapter is to help ensure that public information is available and that there is fair play in industrial relations by requiring labor relations consultants to disclose their activities.

NEW SECTION. Sec. 2. This chapter shall be known and cited as the "labor relations consultants act."

NEW SECTION. Sec. 3. The following definitions apply throughout this chapter.

(1) "Public employer" means an officer, board, commission, council, or other person or body acting on behalf of the state, a county, or municipal corporation, or a political subdivision of the state.

(2) "Labor relations consultant" or "consultant" means any person who, for compensation, advises or represents a public employer or labor organization concerning the organizing or collective bargaining activities of the public employer's employees. "Labor relations consultant" or "consultant" does not include employees of a public employer or labor organization or parent organization of a labor organization.

(3) "Labor organization" means an organization in which employees of the public employer participate and which exists for the purpose, in whole or part, of dealing with public employers concerning terms and conditions of employment.

(4) "Compensation" means money, property, or anything else of value.

NEW SECTION. Sec. 4. Any person who wishes to act as a labor relations consultant must register with the secretary of state's office and provide his or her name, business address, home address, and business and home phone numbers. Failure to register with the secretary of state prior to acting as a labor relations consultant is a violation of this chapter.

NEW SECTION. Sec. 5. Labor relations consultants who have registered must inform the secretary of state of any changes in their name, addresses, or phone numbers within thirty days of the change. Failure to inform the secretary of state of changes in the required time is a violation of this chapter.

NEW SECTION. Sec. 6. (1) Within thirty days of entering into an agreement or arrangement with a public employer or labor organization to act as a labor relations consultant, a consultant shall file with the secretary of state a detailed statement of the terms and conditions of the agreement or arrangement. Any labor relations consultant working under an agreement or arrangement on the effective date of this section shall file the detailed statement within thirty days of the effective date of this section.

(2) Each labor relations consultant required to file a report under subsection (1) of this section shall file annually, with respect to each fiscal year during which payments were made as a result of an agreement or arrangement, a statement of his or her compensation from public employers or labor organizations for labor relations consulting services in this state, designating the sources of the receipts.

(3) The secretary of state shall adopt rules specifying the information required to be filed under this section and the form in which the information is to be filed.

NEW SECTION. Sec. 7. In addition to any other authority provided by law, the secretary of state may:

(1) Adopt rules under chapter 34.05 RCW necessary to implement and administer this chapter;

(2) Establish registration fees, which shall be at a sufficient level to defray the costs of administering this chapter;

(3) Establish the procedural requirements and fees for renewal of registration;

(4) Establish forms and procedures necessary to administer this chapter;

(5) Register applicants;

(6) Hire clerical, administrative, and other staff as needed to implement this chapter; and

(7) Maintain the official record of all applicants and registrants.

NEW SECTION. Sec. 8. The legislature finds and declares that any violation of this chapter substantially affects the public interest and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce as set forth in RCW 19.86.020.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 18 RCW.