| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Commerce & Labor Committee | |
HB 1913
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.
Brief Description: Certifying an employee organization for the purposes of state collective bargaining.
Sponsors: Representatives Conway, Hunt, Appleton, Moeller, Green and Ormsby.
Brief Summary of Bill |
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Hearing Date: 2/13/07
Staff: Jill Reinmuth (786-7134).
Background:
Various collective bargaining laws govern the manner in which the Public Employees' Relations
Commission (Commission) determines the exclusive bargaining representative of a bargaining
unit of public employees. Several laws authorize the Commission to conduct either an election
or a cross-check of organization membership records or bargaining authorization cards with
employment records. These laws include the Public Employees' Collective Bargaining Act, the
Personnel System Reform Act, and the state law governing collective bargaining for faculty at
public four-year institutions of higher education.
Rules adopted by the Commission specify the manner in which cross-checks are conducted. If an
application for certification of an organization as an exclusive bargaining representative is
submitted to the Commission, along with a 70 percent showing of interest, a cross-check may be
conducted. First, the organization provides the Commission with authorization cards signed and
dated by employees in the bargaining unit. Next, the employer provides the Commission with
employment records containing the names and signatures of employees in the bargaining unit.
Finally, the Commission compares the records furnished by the parties, and then gives the parties
a tally sheet containing the number of employees in the bargaining unit, the number of records
examined, and the number of employee records counted as valid evidence of representation. If
there are valid cards for a majority of the employees in the bargaining unit, the Commission
certifies the organization as the exclusive bargaining representative.
Summary of Bill:
The manner in which cross-checks are conducted under the Public Employees' Collective
Bargaining Act, the Personnel Service Reform Act, and the state law governing collective
bargaining for faculty at public four-year institutions of higher education is modified. A cross-check may be conducted if the application for certification of an organization as an exclusive
bargaining representative is submitted along with a majority (more than 50 percent) showing of
interest. An organization is certified as the exclusive bargaining representative of the bargaining
unit if there are valid cards for a majority (more than 50 percent) of the employees in the
bargaining unit.
Rules Authority: The bill does not address the rule-making powers of an agency.
Appropriation: None.
Fiscal Note: Requested on February 8, 2007.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.