FINAL BILL REPORT

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.

Background:

In general, state law allows public sector collective bargaining agreements to contain union security provisions. A union security provision 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.

Under the statutes governing most public sector collective bargaining, an employer may agree to collect dues and fees from an employee's pay and transmit the money directly to the union. The employees must first file a written authorization with the employer for these deductions.

For individual providers of homecare services (IPs), who are considered public employees only for the purpose of collective bargaining, the mandatory collection of union dues or fees is prohibited. Collective bargaining agreements for IPs requires IPs to opt out of paying union dues or fees.

Summary:

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. The requirement that written authorization be filed with the employer is removed.

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. Written authorization is not required. However, if the agreement contains requirements to deduct payments other than union dues or an equivalent fee, the employer must make those other deductions upon written authorization of the employee.

These changes apply to: (1) academic employees in the public community and technical colleges; (2) public employee collective bargaining (which includes, 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 (which includes, state employees subject to the civil service laws); and (6) certain symphony musicians.

Votes on Final Passage:

House	50	48
Senate	26	22