AN ACT Relating to duties of the public employment relations commission; amending RCW 49.36.010; and adding new sections to chapter 49.36 RCW.

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

Sec. 1. Section 1, chapter 185, Laws of 1919 and RCW 49.36.010 are each amended to read as follows:

It ((~~shall be~~)) is lawful for working men and women to organize themselves into, or carry on labor unions for the purpose of ((~~lessening the hours of labor or increasing the wages or bettering the conditions of the members of such organizations; or carry out their legitimate purposes by any lawful means~~)) representation by such organizations in matters concerning their wages, hours, and terms and conditions of employment. All employees other than agricultural laborers, domestic servants, independent contractors, supervisors, and managerial and confidential employees have the right to self-organization, to form, join, or assist labor unions, and to engage in other lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, and also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor union as a condition of employment as authorized by section 5 of this act.

NEW SECTION. Sec. 2. If an employer, other than an employer covered by the Railway Labor Act or the National Labor Relations Act, and employees are in disagreement as to the recognition of a bargaining representative, the commission created by RCW 41.58.010 shall be invited to intervene as is provided in sections 3 and 4 of this act.

NEW SECTION. Sec. 3. The commission shall, after hearing upon reasonable notice, determine the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the employees, the extent of organization among the employees, the community of interest among the employer, and the desire of the employees. Where the commission finds that a question concerning representation exists among the employees in an appropriate bargaining unit, it shall conduct an election by secret ballot to determine the issue.

NEW SECTION. Sec. 4. A labor union that has been determined to represent a majority of the employees in a bargaining unit shall be certified by the commission as the exclusive bargaining representative of, and shall be required to represent, all the employees within the unit without regard to membership in that labor union. However, any employee at any time may present his grievance to the employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, as long as such representative has been given an opportunity to be present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect.

NEW SECTION. Sec. 5. (1) It is an unfair labor practice for an employer:

(a) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in RCW 49.36.010;

(b) To dominate or interfere with the formation or administration of any labor union or contribute financial or other support to it. However, subject to rules made by the commission under section 7 of this act, an employer is not prohibited from permitting employees to confer with it or its representatives or agents during working hours without loss of time or pay;

(c) To encourage or discourage membership in any labor union by discrimination in regard to hire, tenure of employment, or any term or condition of employment, but nothing contained in this subsection prevents an employer from making an agreement with a labor union that is the representative of the employees as provided in section 4 of this act to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment of the effective date of such agreement, whichever is later. No employer may justify any discrimination against any employee for nonmembership in a labor union if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership, or if the employee has asserted a right of nonassociation based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member and the employee has offered to make payment of an amount of money equivalent to regular dues and fees to a nonreligious charity. Disputes concerning obligations under a union security agreement shall be submitted to the commission for determination;

(d) To discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this chapter.

(2) It is an unfair labor practice for a labor union:

(a) To restrain or coerce employees in the exercise of the rights guaranteed in RCW 49.36.010. However, this does not impair the right of a labor union to prescribe its own rules with respect to the acquisition or retention of membership therein;

(b) To restrain or coerce an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances;

(c) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of this section.

(3) The expression of any views, argument, or opinion, or the dissemination thereof to the public, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this chapter, if such expression contains no threat of reprisal or force or promise of benefit.

NEW SECTION. Sec. 6. (1) The commission may prevent any person from engaging in any unfair labor practice as defined in section 5 of this act. This power may not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law, equity, or otherwise.

(2) If the commission determines that a person has engaged in or is engaging in an unfair labor practice as defined in section 5 of this act, the commission shall issue and cause to be served upon the person an order requiring the person to cease and desist from the unfair labor practice, and to take such affirmative action as will effectuate the purposes and policy of this chapter, such as the payment of damages or the reinstatement of employees, or both.

(3) The commission may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in the unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief.

NEW SECTION. Sec. 7. (1) The commission shall adopt, amend, or repeal, in the manner prescribed by the Administrative Procedure Act, chapter 34.04 RCW, such rules as it deems necessary and appropriate to administer the provisions of this chapter, in conformity with the intent and purpose of this chapter, and consistent with the best standards of labor-management relations.

(2) The rules, precedents, and practices of the national labor relations board, insofar as they are consistent with this chapter, shall be considered by the commission in its interpretation of this chapter, and before adoption of any commission rules.

NEW SECTION. Sec. 8. Actions taken by or on behalf of the commission shall be pursuant to chapter 34.04 RCW or rules adopted in accordance with that chapter, and the right of judicial review provided by chapter 34.04 RCW is applicable to all such actions and rules.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. Sections 2 through 8 of this act shall be added to chapter 49.36 RCW.