Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Labor & Workplace Standards Committee

HB 2751

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning the deduction of union dues and fees.

Sponsors: Representatives Stonier, Valdez, Kloba, Macri, Stanford, Appleton, Jinkins, Fitzgibbon, Bergquist, Goodman, Gregerson, Doglio, Pollet and Frame.

Brief Summary of Bill

  • Provides that upon written authorization of an employee within the bargaining unit, the public agency employer must deduct from the employee's payments the monthly amount of dues required by the union and transmit the amount to the union treasurer.

  • Provides that if a collective bargaining agreement contains a union security provision, the public agency employer must enforce the agreement by deducting union dues from the payments to union members, or for nonmembers, a fee equivalent to union dues.

  • Provides that if a collective bargaining agreement includes requirements for deductions of payments other than union dues or the equivalent of union dues under a union security provision, the public agency employer must make those deductions upon written authorization of the employee.

Hearing Date: 1/18/18

Staff: Trudes Tango (786-7384)

Background:

Under the statutes governing collective bargaining between certain public employees and employers, when an employee within a bargaining unit files a written authorization with the employer, the union has the right to have deducted from the employee's salary an amount equal to fees and dues required as a condition of acquiring or retaining union membership. The fees and dues must be deducted each pay period, and the employer must transmit the deductions to the union.

Generally, the statutes governing collective bargaining for public employees authorize agreements to include union security provisions. A union security provision is part of a collective bargaining agreement that requires employees to maintain union membership or pay union dues, as a condition of continued employment. One type of union security provision is an agency shop agreement, where the employer may hire union or non-union workers, and employees do not need to join the union. However, non-union employees must pay a fee to the union to cover representation-related costs. For certain quasi-public employees, such as individual providers of home care services, case law prohibits mandatory collection of fees.

Summary of Bill:

The statutes governing collective bargaining for certain public employees are amended with respect to written authorizations and union security provisions.

Upon written authorization of an employee within the bargaining unit and after certification or recognition of the union, the employer must deduct from the employee's payments the monthly amount of dues certified by the secretary of the union and must transmit the amounts to the treasurer of the union.

If a collective bargaining agreement includes a union security provision, the employer must enforce the agreement by deducting from the payments to bargaining unit members the dues required for union membership, or for nonmembers, a fee equivalent to the dues. If the agreement contains requirements to deduct payments other than union dues or the equivalent of union dues, the employer must make those other deductions upon written authorization of the employee.

This language is added in the chapters governing: (1) academic employees in the public community and technical colleges; (2) public employee collective bargaining (for example, county and municipal employees, certain court employees, certain employees of institutions of higher education, and the Washington State Patrol); (3) educational employees of school districts; (4) faculty employees of public four-year institutions of higher education; (5) state employees covered by the Personnel System Reform Act (generally, state employees subject to the civil service laws); and (6) certain symphony musicians.

Appropriation: None.

Fiscal Note: Requested January 15, 2018.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.