2540-S AMH  CORD 78

SHB 2540 - H AMD 0190 Withdrawn 2-18-02

By Representative ___

     On page 3, after line 31, insert the following:

     "(3) RCW 41.56.080 does not apply to the bargaining unit of employees under this section, and the following applies:

     (a) The commission must certify the bargaining representative that has been determined to represent a majority of employees in the bargaining unit as the exclusive bargaining representative, and no more than one exclusive bargaining representative may be certified at any one time for the bargaining unit.  However, the exclusive bargaining representative is required to represent only those employees in the bargaining unit who are members of the exclusive bargaining representative.  A collective bargaining agreement negotiated between the exclusive bargaining representative and the University applies only to the bargaining unit employees who are members of the exclusive bargaining representative. 

     (b)  An employee in the bargaining unit may, at any time, present his or her grievance to the University and have the grievance adjusted without the intervention of the exclusive bargaining representative.  However, for those employees who are members of the exclusive bargaining representative, such adjustment must not be inconsistent with the terms of the agreement then in effect, and the exclusive bargaining representative must be given reasonable opportunity to be present at any initial meeting called for resolution of the grievance."

EFFECT: The amendment requires the exclusive bargaining representative to represent only those employees in the bargaining unit who are union members, and specifies that the Public Employment Relations Commission may certify only one exclusive bargaining representative at any one time.  A collective bargaining agreement negotiated by the University and the exclusive bargaining representative would cover only those employees who are union members.  Employees in the bargaining unit who are not union members would be able to present grievances to the University without the union's intervention.