1575-S AMS HOLY S3359.1
SHB 1575 - S AMD TO LBRC COMM AMD (S-3309.1/19) 556
By Senator Holy
NOT ADOPTED 04/11/2019
Beginning on page 4, line 14, strike all of sections 5 and 6 and insert the following:
Sec. 5. "RCW
28B.52.045 and 2018 c 247 s 1 are each amended to read as follows:
(1)(((a) A collective bargaining agreement may include union security provisions, but not a closed shop.
(b) Upon written authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(c) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that:
(i) Includes a union security provision authorized under (a) of this subsection, the employer must enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or
(ii) Includes requirements for deductions of payments other than the deduction under (c)(i) of this subsection, the employer must make such deductions upon written authorization of the employee.
(2) An employee who is covered by a union security provision and who asserts a right of nonassociation based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member shall pay to a nonreligious charity or other charitable organization an amount of money equivalent to the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the exclusive bargaining representative. The charity shall be agreed upon by the employee and the employee organization to which such employee would otherwise pay the dues and fees. The employee shall furnish written proof that such payments have been made. If the employee and the employee organization do not reach agreement on such matter, the commission shall designate the charitable organization.))After the certification of the bargaining unit's exclusive bargaining representative, the employer must deduct from employee payments the monthly amount of dues as certified by the exclusive bargaining representative and must transmit the same to the exclusive bargaining representative. The employer must only make and transmit such deductions upon receipt of an employee's authorization that:
(a) Is made in writing;
(b) Is dated and signed with the employee's legally valid signature;
(c) Clearly and specifically acknowledges and waives the employee's constitutional right to not pay any union dues or fees; and
(d) Is given freely and affirmatively and not obtained through coercive or deceptive means.
(2) When an employee provides the employer with a written request to cease deducting exclusive bargaining representative dues, the employer must cease the deductions within thirty days.
(3) The employer must maintain all copies of an employee's dues deduction authorizations and cancellations provided while the employee worked in the bargaining unit for at least three years after the employee has ceased to be employed in the bargaining unit."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Beginning on page 7, line 5, strike all of sections 9 and 10 and insert the following:
Sec. 9. "RCW
41.56.110 and 2018 c 247 s 2 are each amended to read as follows:
(1) ((Upon the written authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer shall deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the exclusive bargaining representative.
(2) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that:
(a) Includes a union security provision authorized under RCW 41.56.122, the employer must enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or (b) Includes requirements for deductions of payments other than the deduction under (a) of this subsection, the employer must make such deductions upon written authorization of the employee.))After the certification of the bargaining unit's exclusive bargaining representative, the employer must deduct from employee payments the monthly amount of dues as certified by the exclusive bargaining representative and must transmit the same to the exclusive bargaining representative. The employer must only make and transmit such deductions upon receipt of an employee's authorization that:
(a) Is made in writing;
(b) Is dated and signed with the employee's legally valid signature;
(c) Clearly and specifically acknowledges and waives the employee's constitutional right to not pay any union dues or fees; and
(d) Is given freely and affirmatively and not obtained through coercive or deceptive means.
(2) When an employee provides the employer with a written request to cease deducting exclusive bargaining representative dues, the employer must cease the deductions within thirty days.
(3) The employer must maintain all copies of an employee's dues deduction authorizations and cancellations provided while the employee worked in the bargaining unit for at least three years after the employee has ceased to be employed in the bargaining unit.
Sec. 10. RCW
41.56.113 and 2018 c 278 s 29 are each amended to read as follows:
(1) This ((subsection (1)))section applies only if the state makes the payments directly to a family child care provider.
(((a) Upon the written authorization of an individual provider who contracts with the department of social and health services, a family child care provider, an adult family home provider, or a language access provider within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the state as payor, but not as the employer, shall, subject to (c) of this subsection, deduct from the payments to an individual provider who contracts with the department of social and health services, a family child care provider, an adult family home provider, or a language access provider the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the exclusive bargaining representative.
(b) If the governor and the exclusive bargaining representative of a bargaining unit of individual providers who contract with the department of social and health services, family child care providers, adult family home providers, or language access providers enter into a collective bargaining agreement that:
(i) Includes a union security provision authorized in RCW 41.56.122, the state as payor, but not as the employer, shall, subject to (c) of this subsection, enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or (ii) Includes requirements for deductions of payments other than the deduction under (b)(i) of this subsection, the state, as payor, but not as the employer, shall, subject to (c) of this subsection, make such deductions upon written authorization of the individual provider, family child care provider, adult family home provider, or language access provider.
(c)(i)))(2) After the certification of the bargaining unit's exclusive bargaining representative, the employer must deduct from family child care provider payments the monthly amount of dues as certified by the exclusive bargaining representative and must transmit the same to the exclusive bargaining representative. The employer will only make and transmit such deductions upon receipt of a family child care provider's authorization that:
(a) Is made in writing;
(b) Is dated and signed with the employee's legally valid signature;
(c) Clearly and specifically acknowledges and waives the employee's constitutional right to not pay any union dues or fees; and
(d) Is given freely and affirmatively and not obtained through coercive or deceptive means.
(3) When a family child care provider provides the employer with a written request to cease deducting exclusive bargaining representative dues, the employer must cease the deductions within thirty days.
(4) The employer must maintain all copies of a family child care provider's dues deduction authorizations and cancellations provided while the provider worked in the bargaining unit for at least three years after the provider has ceased to be employed in the bargaining unit.
(5)(a) The initial additional costs to the state in making deductions from the payments to ((individual providers,)) family child care providers((, adult family home providers, and language access providers)) under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.
((
(ii)))
(b) The allocation of ongoing additional costs to the state in making deductions from the payments to ((
individual providers,)) family child care providers((
, adult family home providers, or language access providers)) under this section shall be an appropriate subject of collective bargaining between the exclusive bargaining representative and the governor unless prohibited by another statute. If no collective bargaining agreement containing a provision allocating the ongoing additional cost is entered into between the exclusive bargaining representative and the governor, or if the legislature does not approve funding for the collective bargaining agreement as provided in RCW ((
74.39A.300,)) 41.56.028((
, 41.56.029, or 41.56.510, as applicable)), the ongoing additional costs to the state in making deductions from the payments to ((
individual providers,)) family child care providers((
, adult family home providers,)) or language access providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.
(((d) The governor and the exclusive bargaining representative of a bargaining unit of family child care providers may not enter into a collective bargaining agreement that contains a union security provision unless the agreement contains a process, to be administered by the exclusive bargaining representative of a bargaining unit of family child care providers, for hardship dispensation for license-exempt family child care providers who are also temporary assistance for needy families recipients or WorkFirst participants.
(2) This subsection (2) applies only if the state does not make the payments directly to a language access provider.
(a) Upon the written authorization of a language access provider within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the state shall require through its contracts with third parties that:
(i) The monthly amount of dues as certified by the secretary of the exclusive bargaining representative be deducted from the payments to the language access provider and transmitted to the treasurer of the exclusive bargaining representative; and
(ii) A record showing that dues have been deducted as specified in (a)(i) of this subsection be provided to the state.
(b) If the governor and the exclusive bargaining representative of the bargaining unit of language access providers enter into a collective bargaining agreement that includes a union security provision authorized in RCW 41.56.122, the state shall enforce the agreement by requiring through its contracts with third parties that: (i) The monthly amount of dues required for membership in the exclusive bargaining representative as certified by the secretary of the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues, be deducted from the payments to the language access provider and transmitted to the treasurer of the exclusive bargaining representative; and
(ii) A record showing that dues or fees have been deducted as specified in (a)(i) of this subsection be provided to the state.
(3) This subsection (3) applies only to individual providers who contract with the department of social and health services. If the governor and the exclusive bargaining representative of a bargaining unit of individual providers enter into a collective bargaining agreement that meets the requirements in subsection (1)(b)(i) or (ii) of this section, and the state as payor, but not as the employer, contracts with a third-party entity to perform its obligations as set forth in those subsections, and that third-party contracts with the exclusive bargaining representative to perform voluntary deductions for individual providers, the exclusive bargaining representative may direct the third-party to make the deductions required by the collective bargaining agreement, at the expense of the exclusive bargaining representative, so long as such deductions by the exclusive bargaining representative do not conflict with any federal or state law.))"
Beginning on page 12, line 22, strike all of section 12 and insert the following:
Sec. 12. "RCW
41.59.060 and 2018 c 247 s 3 are each amended to read as follows:
(1) Employees shall have the right to self-organization, to form, join, or assist employee organizations, to bargain collectively through representatives of their own choosing, and shall also have the right to refrain from any or all of such activities ((except to the extent that employees may be required to pay a fee to any employee organization under an agency shop agreement authorized in this chapter.
(2)(a) Upon written authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(b) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that:
(i) Includes a union security provision authorized under RCW 41.59.100, the employer must enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or (ii) Includes requirements for deductions of payments other than the deduction under (b)(i) of this subsection, the employer must make such deductions upon written authorization of the employee.)).
(2) After the certification of the bargaining unit's exclusive bargaining representative, the employer must deduct from employee payments the monthly amount of dues as certified by the exclusive bargaining representative and must transmit the same to the exclusive bargaining representative. The employer must only make and transmit such deductions upon receipt of an employee's authorization that:
(a) Is made in writing;
(b) Is dated and signed with the employee's legally valid signature;
(c) Clearly and specifically acknowledges and waives the employee's constitutional right to not pay any union dues or fees; and
(d) Is given freely and affirmatively and not obtained through coercive or deceptive means.
(3) When an employee provides the employer with a written request to cease deducting exclusive bargaining representative dues, the employer must cease the deductions within thirty days.
(4) The employer must maintain all copies of an employee's dues deduction authorizations and cancellations provided while the employee worked in the bargaining unit for at least three years after the employee has ceased to be employed in the bargaining unit."
Beginning on page 15, line 31, strike all of section 14 and insert the following:
Sec. 14. "RCW
41.76.045 and 2018 c 247 s 4 are each amended to read as follows:
(1)(((a) A collective bargaining agreement may include union security provisions, but not a closed shop.
(b) Upon written authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(c) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that:
(i) Includes a union security provision authorized under (a) of this subsection, the employer must enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or
(ii) Includes requirements for deductions of payments other than the deduction under (c)(i) of this subsection, the employer must make such deductions upon written authorization of the employee.
(2) A faculty member who is covered by a union security provision and who asserts a right of nonassociation based on bona fide religious tenets or teachings of a church or religious body of which such faculty member is a member shall pay to a nonreligious charity or other charitable organization an amount of money equivalent to the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the exclusive bargaining representative. The charity shall be agreed upon by the faculty member and the employee organization to which such faculty member would otherwise pay the dues and fees. The faculty member shall furnish written proof that such payments have been made. If the faculty member and the employee organization do not reach agreement on such matter, the dispute shall be submitted to the commission for determination.))After the certification of the bargaining unit's exclusive bargaining representative, the employer must deduct from employee payments the monthly amount of dues as certified by the exclusive bargaining representative and must transmit the same to the exclusive bargaining representative. The employer must only make and transmit such deductions upon receipt of an employee's authorization that:
(a) Is made in writing;
(b) Is dated and signed with the employee's legally valid signature;
(c) Clearly and specifically acknowledges and waives the employee's constitutional right to not pay any union dues or fees; and
(d) Is given freely and affirmatively and not obtained through coercive or deceptive means.
(2) When an employee provides the employer with a written request to cease deducting exclusive bargaining representative dues, the employer must cease the deductions within thirty days.
(3) The employer must maintain all copies of an employee's dues deduction authorizations and cancellations provided while the employee worked in the bargaining unit for at least three years after the employee has ceased to be employed in the bargaining unit."
Beginning on page 19, line 5, strike all of section 18 and insert the following:
Sec. 18. "RCW
41.80.100 and 2018 c 247 s 5 are each amended to read as follows:
(1) ((A collective bargaining agreement may contain a union security provision requiring as a condition of employment the payment, no later than the thirtieth day following the beginning of employment or July 1, 2004, whichever is later, of an agency shop fee to the employee organization that is the exclusive bargaining representative for the bargaining unit in which the employee is employed. The amount of the fee shall be equal to the amount required to become a member in good standing of the employee organization. Each employee organization shall establish a procedure by which any employee so requesting may pay a representation fee no greater than the part of the membership fee that represents a pro rata share of expenditures for purposes germane to the collective bargaining process, to contract administration, or to pursuing matters affecting wages, hours, and other conditions of employment.
(2) An employee who is covered by a union security provision and who asserts a right of nonassociation based on bona fide religious tenets, or teachings of a church or religious body of which the employee is a member, shall, as a condition of employment, make payments to the employee organization, for purposes within the program of the employee organization as designated by the employee that would be in harmony with his or her individual conscience. The amount of the payments shall be equal to the periodic dues and fees uniformly required as a condition of acquiring or retaining membership in the employee organization minus any included monthly premiums for insurance programs sponsored by the employee organization. The employee shall not be a member of the employee organization but is entitled to all the representation rights of a member of the employee organization.
(3)(a) Upon written authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(b) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that:
(i) Includes a union security provision authorized under subsection (1) of this section, the employer must enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or
(ii) Includes requirements for deductions of payments other than the deduction under (b)(i) of this subsection, the employer must make such deductions upon written authorization of the employee.
(4) Employee organizations that before July 1, 2004, were entitled to the benefits of this section shall continue to be entitled to these benefits.))After the certification of the bargaining unit's exclusive bargaining representative, the employer must deduct from employee payments the monthly amount of dues as certified by the exclusive bargaining representative and must transmit the same to the exclusive bargaining representative. The employer must only make and transmit such deductions upon receipt of an employee's authorization that:
(a) Is made in writing;
(b) Is dated and signed with the employee's legally valid signature;
(c) Clearly and specifically acknowledges and waives the employee's constitutional right to not pay any union dues or fees; and
(d) Is given freely and affirmatively and not obtained through coercive or deceptive means.
(2) When an employee provides the employer with a written request to cease deducting exclusive bargaining representative dues, the employer must cease the deductions within thirty days.
(3) The employer must maintain all copies of an employee's dues deduction authorizations and cancellations provided while the employee worked in the bargaining unit for at least three years after the employee has ceased to be employed in the bargaining unit."
Beginning on page 23, line 5, strike all of section 20 and insert the following:
Sec. 20. "RCW
47.64.160 and 1983 c 15 s 7 are each amended to read as follows:
((A collective bargaining agreement may include union security provisions including an agency shop, but not a union or closed shop. If an agency shop provision is agreed to, the employer shall enforce it by deducting from the salary payments to members of the bargaining unit the dues required of membership in the bargaining representative, or, for nonmembers thereof, a fee equivalent to such dues. All union security provisions shall safeguard the right of nonassociation of employees based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member. Such employee shall pay an amount of money equivalent to regular dues and fees to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the bargaining representative to which such employee would otherwise pay the dues and fees. The employee shall furnish written proof that such payment has been made. If the employee and the bargaining representative do not reach agreement on such matter, the commission shall designate the charitable organization.))(1) After the certification of the bargaining unit's exclusive bargaining representative, the employer must deduct from ferry employee payments the monthly amount of dues as certified by the exclusive bargaining representative and must transmit the same to the exclusive bargaining representative. The employer will only make and transmit such deductions upon receipt of an employee's authorization that:
(a) Is made in writing;
(b) Is dated and signed with the employee's legally valid signature;
(c) Clearly and specifically acknowledges and waives the employee's constitutional right to not pay any union dues or fees; and
(d) Is given freely and affirmatively and not obtained through coercive or deceptive means.
(2) When a ferry employee provides the employer with a written request to cease deducting exclusive bargaining representative dues, the employer must cease the deductions within thirty days.
(3) The employer must maintain all copies of a ferry employee's dues deduction authorizations and cancellations provided while the employee worked in the bargaining unit for at least three years after the employee has ceased to be employed in the bargaining unit."
Beginning on page 24, line 25, strike all of section 22 and insert the following:
Sec. 22. "RCW
49.39.080 and 2018 c 247 s 6 are each amended to read as follows:
(1) ((Upon the written authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(2) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that:
(a) Includes a union security provision authorized under RCW 49.39.090, the employer must enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or (b) Includes requirements for deductions of payments other than the deduction under (a) of this subsection, the employer must make such deductions upon written authorization of the employee.))After the certification of the bargaining unit's exclusive bargaining representative, the employer must deduct from employee payments the monthly amount of dues as certified by the exclusive bargaining representative and must transmit the same to the exclusive bargaining representative. The employer must only make and transmit such deductions upon receipt of an employee's authorization that:
(a) Is made in writing;
(b) Is dated and signed with the employee's legally valid signature;
(c) Clearly and specifically acknowledges and waives the employee's constitutional right to not pay any union dues or fees; and
(d) Is given freely and affirmatively and not obtained through coercive or deceptive means.
(2) When an employee provides the employer with a written request to cease deducting exclusive bargaining representative dues, the employer must cease the deductions within thirty days.
(3) The employer must maintain all copies of an employee's dues deduction authorizations and cancellations provided while the employee worked in the bargaining unit for at least three years after the employee has ceased to be employed in the bargaining unit."
SHB 1575 - S AMD TO LBRC COMM AMD (S-3309.1/19) 556
By Senator Holy
NOT ADOPTED 04/11/2019
On page 27, beginning on line 6, after "
4.24 RCW;" strike "adding a new section to chapter
28B.52 RCW;"
EFFECT: Requires an employee's authorization for the deduction of union dues to be in writing, be dated and signed, clearly and specifically acknowledge and waive the employee's constitutional right to not pay any union dues or fees, and be given freely and affirmatively without coercion. Requires that an employer cease deducting union dues within thirty days after receiving a revocation from an employee. Requires employers to maintain all copies of an employee's dues deduction authorizations and cancellations for at least three years after the employee has ceased being employed in the bargaining unit.
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