H-1951.2 _______________________________________________
SUBSTITUTE HOUSE BILL 1738
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State of Washington 54th Legislature 1995 Regular Session
By House Committee on Commerce & Labor (originally sponsored by Representatives Pelesky, Cairnes, Stevens, L. Thomas, Beeksma, Silver, Thompson, Foreman, Radcliff, Fuhrman, Huff, Hargrove, Elliot, Mulliken and Goldsmith)
Read first time 03/01/95.
AN ACT Relating to providing employees notice of rights regarding union security; adding a new section to chapter 41.59 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature believes that all public employees covered by collective bargaining agreements should be notified of their First Amendment rights under the United States Constitution. Because the First Amendment enumerates rights that are fundamental to our freedom, notice of these rights, as determined by the United States supreme court, must be conspicuously and routinely provided to a person whose employment is covered by a collective bargaining agreement. The legislature finds that it should be the responsibility of the public employer and the collective bargaining representative to provide such notice. The purpose of this act is to protect First Amendment rights, consistent with the belief that "to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical."
NEW SECTION. Sec. 2. A new section is added to chapter 41.59 RCW to read as follows:
(1) Every employer shall upon hiring an employee for bargaining unit work provide the following notice in writing to the employee:
"NOTICE TO BARGAINING UNIT EMPLOYEES
Bargaining unit employees cannot be required to join a union or maintain membership in a union to retain their jobs. Under certain circumstances, the law permits a union and an employer to enter into a union security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.
If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.
For further information concerning your rights, you may contact the Public Employment Relations Commission, 711 Capitol Way, Suite 300, Olympia, Washington 98504-0919."
(2) The employer shall provide the notice required in subsection (1) of this section to each bargaining unit employee upon ratification of any collective bargaining agreement covering the employees that includes union security provisions.
(3) Each notice given to an employee under subsections (1) and (2) of this section shall be signed by the employee in acknowledgement of receipt of the notice. The employer shall keep a copy of the signed notice or notices on file during the employee's employment. If the commission determines, upon petition by an employee, that notice was not given as required by this section, the commission shall order such relief as will effectuate the purposes of this section, including relief that could be ordered by a court, except that the employer may not be ordered to pay damages that exceed the amount of the dues and fees paid by the employee to the employee organization from the date that notice was required to the date of the commission's order.
(4) The employer shall post and keep posted a copy of the notice required by this section in a place or places reasonably accessible to all employees.
(5) An employer action required under this section does not constitute and is not evidence of an unfair labor practice under this chapter.
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