BILL REQ. #:  H-1423.1 

READ FIRST TIME 02/07/11.   

     AN ACT Relating to certified exclusive bargaining representatives; and amending RCW 41.56.060 and 41.56.140.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 41.56.060 and 2005 c 232 s 1 are each amended to read as follows:
     (1) The commission, after hearing upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative, the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the public employees; the history of collective bargaining by the public employees and their bargaining representatives; the extent of organization among the public employees; and the desire of the public employees. The commission shall determine the bargaining representative by: (a) Examination of organization membership rolls; (b) comparison of signatures on organization bargaining authorization cards; or (c) conducting an election specifically therefor.
     (2) For classified employees of school districts and educational service districts:
     (a) Appropriate bargaining units existing on July 24, 2005, may not be divided into more than one unit without the agreement of the public employer and the certified bargaining representative of the unit; and
     (b) In making bargaining unit determinations under this section, the commission must consider, in addition to the factors listed in subsection (1) of this section, the avoidance of excessive fragmentation.
     (3) Bargaining units must be consolidated when the employer and the certified exclusive bargaining representative of the units consider whether the consolidation is appropriate under the factors listed in subsection (1) of this section and agree to the consolidation.

Sec. 2   RCW 41.56.140 and 1969 ex.s. c 215 s 1 are each amended to read as follows:
     It shall be an unfair labor practice for a public employer:
     (1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;
     (2) To control, dominate, or interfere with a bargaining representative;
     (3) To discriminate against a public employee who has filed an unfair labor practice charge;
     (4) To refuse to engage in collective bargaining with the certified exclusive bargaining representative; or
     (5) To attempt to bargain directly with anyone not authorized to bargain by the certified exclusive bargaining representative.