H-0899.3 _______________________________________________
HOUSE BILL 1738
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Representatives Pelesky, Cairnes, Stevens, L. Thomas, Beeksma, Silver, Thompson, Foreman, Radcliff, Fuhrman, Huff, Hargrove, Elliot, Mulliken and Goldsmith
Read first time 02/07/95. Referred to Committee on Commerce & Labor.
AN ACT Relating to providing employees notice of rights regarding union security; adding a new section to chapter 28B.52 RCW; adding a new section to chapter 41.06 RCW; adding a new section to chapter 41.56 RCW; adding a new section to chapter 41.59 RCW; adding a new section to chapter 47.64 RCW; adding a new section to chapter 53.18 RCW; and adding a new section to chapter 54.04 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 28B.52 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 the employee organization that is party to the union security provisions to reimburse all dues and fees paid by that employee 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.
NEW SECTION. Sec. 2. A new section is added to chapter 41.06 RCW to read as follows:
(1) Every agency 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 bargaining unit employees to vote on whether all bargaining unit employees will be required to pay uniform periodic dues. 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 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 Washington Personnel Resources Board, 521 Capitol Way South, Olympia, Washington 98504-7500."
(2) The agency shall provide the notice required in subsection (1) of this section to each bargaining unit employee following an election in which a majority of the employees have voted to require the condition of employment authorized in RCW 41.06.150(12).
(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 agency shall keep a copy of the signed notice or notices on file during the employee's employment. If the board determines, upon petition by an employee, that notice was not given as required by this section, the board shall order the employee organization that is party to the union security provisions to reimburse all dues paid by that employee from the date that notice was required to the date of the board's order.
(4) The agency 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 agency action required under this section does not constitute and is not evidence of an unfair labor practice under this chapter.
NEW SECTION. Sec. 3. A new section is added to chapter 41.56 RCW to read as follows:
(1) Every public 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 public 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 public 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 the bargaining representative that is party to the union security provisions to reimburse all dues and fees paid by that employee from the date that notice was required to the date of the commission's order.
(4) The public 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) A public employer action required under this section does not constitute and is not evidence of an unfair labor practice under this chapter.
NEW SECTION. Sec. 4. 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 the employee organization that is party to the union security provisions to reimburse all dues and fees paid by that employee 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.
NEW SECTION. Sec. 5. A new section is added to chapter 47.64 RCW to read as follows:
(1) Ferry system management shall upon hiring a ferry 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 Marine Employees' Commission, 711 Capitol Way, Olympia, Washington 98504-0902."
(2) Ferry system management shall provide the notice required in subsection (1) of this section to each ferry employee in a bargaining unit upon ratification of any collective bargaining agreement covering the employees that includes union security provisions.
(3) Each notice given to a ferry employee under subsections (1) and (2) of this section shall be signed by the employee in acknowledgement of receipt of the notice. Ferry system management shall keep a copy of the signed notice or notices on file during the employee's employment. If the marine employees' commission determines, upon petition by a ferry employee, that notice was not given as required by this section, the commission shall order the ferry employee organization that is party to the union security provisions to reimburse all dues and fees paid by that employee from the date that notice was required to the date of the commission's order.
(4) Ferry system management shall post and keep posted a copy of the notice required by this section in a place or places reasonably accessible to all ferry employees.
(5) Ferry system management action required under this section does not constitute and is not evidence of an unfair labor practice under this chapter.
NEW SECTION. Sec. 6. A new section is added to chapter 53.18 RCW to read as follows:
(1) Every port district 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 port district 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 port district shall keep a copy of the signed notice or notices on file during the employee's employment. If the public employment relations commission determines, upon petition by an employee, that notice was not given as required by this section, the commission shall order the employee organization that is party to the union security provisions to reimburse all dues and fees paid by that employee from the date that notice was required to the date of the commission's order.
(4) The port district 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) A port district action required under this section does not constitute and is not evidence of an unfair labor practice under this chapter or chapter 41.56 RCW.
NEW SECTION. Sec. 7. A new section is added to chapter 54.04 RCW to read as follows:
(1) Every public utility district 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 public utility district 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 public utility district shall keep a copy of the signed notice or notices on file during the employee's employment. If the public employment relations commission determines, upon petition by an employee, that notice was not given as required by this section, the commission shall order the employee organization that is party to the union security provisions to reimburse all dues and fees paid by that employee from the date that notice was required to the date of the commission's order.
(4) The public utility district 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) A public utility district action required under this section does not constitute and is not evidence of an unfair labor practice under this chapter or chapter 41.56 RCW.
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