H-1251              _______________________________________________

                                                    HOUSE BILL NO. 762

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Sayan, R. King, Lux, Vekich and Sutherland

Read first time 2/8/85 and referred to Committee on Commerce & Labor.

AN ACT Relating to labor relations; and adding new sections to chapter 49.36 RCW.

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

NEW SECTION. Sec. 1.     (1) A collective bargaining agreement between an employer and a labor organization is effective and enforceable until the expiration date of the agreement against any successor employer who succeeds to the contracting employer's business.

          (2) If the successor employer gives notice within thirty days of his or her assumption of the business that negotiations shall be commenced for a new collective bargaining agreement and the new agreement becomes effective prior to the expiration date of the old collective bargaining agreement, the old agreement shall expire when the new agreement becomes effective.

          (3) As used in this section, "successor employer" means any purchaser, assignee, or transferee of a business if the purchaser, assignee, or transferee:

          (a) Conducts or will conduct substantially the same business operation or offer the same service and use the same physical facility as the predecessor employer; and

          (b) In conducting the business or offering the service, employs or intends to employ as a majority of its workforce the employees of the predecessor employer who were subject to a collective bargaining agreement at the time the agreement effecting transfer of the business was entered into.

          (4) An employer who is a party to a collective bargaining agreement has the affirmative duty to disclose the existence of the agreement to any successor employer.  The disclosure requirements are satisfied by including in any contract of sale, agreement to purchase, or similar instrument of conveyance, a statement that the successor employer is bound to the collective bargaining agreement as provided in subsection (1) of this section.  Failure to provide disclosure as required in this subsection shall be grounds for enjoining the purchase, assignment, or transfer of the business.

          (5) This section does not apply to a receiver or trustee in bankruptcy of any contracting employer who has gone into receivership or bankruptcy, nor to any employer who acquires a business from a receiver or trustee in bankruptcy, nor to any employer which is a public entity, nor to any employer who is subject to the national labor relations act or the railway labor act.

NEW SECTION. Sec. 2.     (1) The commission created by RCW 41.58.010 shall promulgate, revise, or repeal, in the manner prescribed by the administrative procedure act, chapter 34.04 RCW, such rules as it may deem necessary and appropriate to administer the provisions of sections 1 through 4 of this act, in conformity with the intent and purpose of those sections, 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 sections 1 through 4 of this act, shall be considered by the commission in its interpretation of those sections and prior to adoption of any commission rules under subsection (1) of this section.

NEW SECTION. Sec. 3.     (1) If the commission determines that any person has violated section 1 of this act, then the commission shall issue and cause to be served upon the person an order requiring the person to cease and desist from the violation, and to take such affirmative action as will effectuate the purposes and policy of section 1 of this act, such as the payment of damages and/or the reinstatement of employees.

          (2) The commission may petition the superior court for the county in which the main office of the employer is located or wherein the person who has violated section 1 of this act resides or transacts business, for the enforcement of its order and for appropriate temporary relief.

NEW SECTION. Sec. 4.     Actions taken by or on behalf of the commission shall be pursuant to chapter 34.04 RCW, or rules adopted in accordance therewith, and the right of judicial review provided by chapter 34.04 RCW is applicable to all such actions and rules.

NEW SECTION. Sec. 5.     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. 6.     Sections 1 through 4 of this act are each added to chapter 49.36 RCW.