Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Commerce & Labor Committee

HB 2348


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: Exempting labor relations materials from public disclosure.

Sponsors: Representatives Sells, Chase, Jarrett, Campbell, Miloscia, Lovick, Ormsby, Green, Morrell, Hankins, Darneille and Simpson.

Brief Summary of Bill
  • Makes mediation communications and evidence of a showing of interest under public employee collective bargaining exempt from public disclosure.

Hearing Date: 2/26/07

Staff: Joan Elgee (786-7106).

Background:

The Public Employment Relations Commission (Commission) is responsible for resolving disputes involving most public employers and employees, and the unions that represent those employees. Responsibilities of the Commission include mediation of disputes and determination of bargaining representatives. For purposes of determining a bargaining representative, a union must submit a showing of interest by authorization cards or letters. Other unions may move to intervene in the proceedings.

The Public Records Act requires state and local government agencies to make all public records available for public inspection and copying unless they fall within certain statutory exemptions. There is an exemption for preliminary drafts, notes, and recommendations.

By rule, the Commission does not disclose: 1) evidence furnished as a showing of interest in support of a representation petition or motion for intervention; or 2) notes and memoranda made by any member of the commission or its staff while acting as a mediator.

Summary of Bill:

Provisions are added to a Public Employment Relations Commission law stating that records of mediation communications and evidence submitted as a showing of interest in support of any representation petition or motion for intervention are confidential and privileged and not subject to public disclosure.

Rules Authority: The bill does not address the rule-making powers of an agency.

Appropriation: None.

Fiscal Note: Requested on February 26, 2007.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.