HB 1961 - H AMDS

By Representative R. Johnson

On page 10, after line 10, insert the following:

"(4) (a) To engage in, or to induce or encourage an individual employed by any person to engage in a strike, or a refusal in the course of his or her employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services in a normal and expeditious manner; or

(b) To threaten, coerce, or restrain any person with the object of:

(i) Forcing or requiring an employer or self-employed person to join an employee or employer organization;

(ii) Forcing or requiring a person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with an employee organization as the representative of his or her employees unless such employee organization has been certified as the representative of the employees under the provisions of section 10 of this act. However, nothing contained in this subsection (b)(ii) shall be construed to make unlawful, where not otherwise unlawful, a primary strike or primary picketing;

(iii) Forcing or requiring an employer to bargain with a particular employee organization as the representative of employees if another employee organization has been certified as the representative of such employees under the provisions of section 10 of this act; or

(iv) Forcing or requiring an employer to assign particular work to employees in a particular employee organization or in a particular trade, craft, or class rather than to employees in another employee organization or in another trade, craft, or class, unless such employer is failing to conform to an order or certification of the board determining the bargaining representative for employees performing such work.

For the purposes of this subsection (4), nothing contained in this subsection shall be construed to prohibit publicity, other than picketing, for the purpose of truthfully advising the public, including consumers and members of an employee organization, that a product is produced by an employer with whom the employee organization has a primary dispute and is distributed by another employer, as long as the publicity does not have the effect of inducing an individual employed by any person other than the primary employer, in the course of his or her employment, to refuse to pick up, deliver, or transport any goods, or not to perform any services at the establishment of the employer engaged in such distribution, and as long as such publicity does not have the effect of requesting the public to cease patronizing such other employer. However, publicity which includes picketing and has the effect of requesting the public to cease patronizing such other employer, shall be permitted only if the employee organization is currently certified as the representative of the primary employer's employees. Publicity other than picketing, but including peaceful distribution of literature, which has the effect of requesting the public to cease patronizing such other employer, shall be permitted only if the employee organization has not lost an election for the primary employer's employees within the preceding twelve-month period, and no other employee organization is currently certified as the representative of the primary employer's employees. Nothing contained in this subsection shall be construed to prohibit publicity, including picketing, which may not be prohibited under the United States Constitution or the Washington Constitution;"

Renumber the subsections consecutively and correct any internal references accordingly.

On page 10, beginning on line 21, strike all material through "boycott." on line 22