BILL REQ. #:  S-2290.1 

READ FIRST TIME 02/28/07.   

     AN ACT Relating to certifying an employee organization for the purposes of state collective bargaining; and amending RCW 41.56.060, 41.76.020, and 41.80.080.

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)(a) 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.
     (b) When only one organization is seeking certification as the representative of unrepresented employees, and the showing of interest submitted in support of the petition indicates that the organization has been authorized by a majority of the employees to act as their representative for the purposes of collective bargaining, the executive director of the public employment relations commission shall (i)(A) conduct a cross-check comparing bargaining authorization cards against the employer's records, and (B) if majority support exists, certify the organization as the sole representative; or (ii) at the petitioner's request, conduct an election.
     (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.

Sec. 2   RCW 41.76.020 and 2002 c 356 s 7 are each amended to read as follows:
     The commission shall certify exclusive bargaining representatives in accordance with the procedures specified in this section.
     (1) No question concerning representation may be raised within one year following issuance of a certification under this section.
     (2) If there is a valid collective bargaining agreement in effect, no question concerning representation may be raised except during the period not more than ninety nor less than sixty days prior to the expiration date of the agreement: PROVIDED, That in the event a valid collective bargaining agreement, together with any renewals or extensions thereof, has been or will be in existence for more than three years, then a question concerning representation may be raised not more than ninety nor less than sixty days prior to the third anniversary date or any subsequent anniversary date of the agreement; and if the exclusive bargaining representative is removed as the result of such procedure, the collective bargaining agreement shall be deemed to be terminated as of the date of the certification or the anniversary date following the filing of the petition, whichever is later.
     (3) An employee organization seeking certification as exclusive bargaining representative of a bargaining unit, or faculty members seeking decertification of their exclusive bargaining representative, must make a confidential showing to the commission of credible evidence demonstrating that at least thirty percent of the faculty in the bargaining unit are in support of the petition. The petition must indicate the name, address, and telephone number of any employee organization known to claim an interest in the bargaining unit.
     (4) A petition filed by an employer must be supported by credible evidence demonstrating the good faith basis on which the employer claims the existence of a question concerning the representation of its faculty.
     (5) Any employee organization which makes a confidential showing to the commission of credible evidence demonstrating that it has the support of at least ten percent of the faculty in the bargaining unit involved is entitled to intervene in proceedings under this section and to have its name listed as a choice on the ballot in an election conducted by the commission.
     (6) The commission shall determine any question concerning representation by conducting a secret ballot election among the faculty members in the bargaining unit, except under the following circumstances:
     (a) ((If only one employee organization is seeking certification as exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may, upon the concurrence of the employer and the employee organization, determine the question concerning representation by conducting a cross-check comparing the employee organization's membership records or bargaining authorization cards against the employment records of the employer)) When only one organization is seeking certification as the representative of unrepresented employees, and the showing of interest submitted in support of the petition indicates that the organization has been authorized by a majority of the employees to act as their representative for the purposes of collective bargaining, the director of the public employment relations commission shall (i)(A) conduct a cross-check comparing bargaining authorization cards against the employer's records, and (B) if majority support exists, certify the organization as the sole representative; or (ii) at the petitioner's request, conduct an election; or
     (b) If the commission determines that a serious unfair labor practice has been committed which interfered with the election process and precludes the holding of a fair election, the commission may determine the question concerning representation by conducting a cross-check comparing the employee organization's membership records or bargaining authorization cards against the employment records of the employer.
     (7) The representation election ballot must contain a choice for each employee organization qualifying under subsection (3) or (5) of this section, together with a choice for no representation. The representation election shall be determined by the majority of the valid ballots cast. If there are three or more choices on the ballot and none of the three or more choices receives a majority of the valid ballots cast, a runoff election shall be conducted between the two choices receiving the highest and second highest numbers of votes.
     (8) The commission shall certify as the exclusive bargaining representative the employee organization that has been determined to represent a majority of faculty members in a bargaining unit.

Sec. 3   RCW 41.80.080 and 2002 c 354 s 309 are each amended to read as follows:
     (1)(a) The commission shall determine all questions pertaining to representation and shall administer all elections and be responsible for the processing and adjudication of all disputes that arise as a consequence of elections. The commission shall adopt rules that provide for at least the following:
     (((a))) (i) Secret balloting;
     (((b))) (ii) Consulting with employee organizations;
     (((c))) (iii) Access to lists of employees, job classification, work locations, and home mailing addresses;
     (((d))) (iv) Absentee voting;
     (((e))) (v) Procedures for the greatest possible participation in voting;
     (((f))) (vi) Campaigning on the employer's property during working hours; and
     (((g))) (vii) Election observers.
     (b) When only one organization is seeking certification as the representative of unrepresented employees, and the showing of interest submitted in support of the petition indicates that the organization has been authorized by a majority of the employees to act as their representative for the purposes of collective bargaining, the director of the public employment relations commission shall (i)(A) conduct a cross-check comparing bargaining authorization cards against the employer's records, and (B) if majority support exists, certify the organization as the sole representative; or (ii) at the petitioner's request, conduct an election.
     (2)(a) If an employee organization has been certified as the exclusive bargaining representative of the employees of a bargaining unit, the employee organization may act for and negotiate master collective bargaining agreements that will include within the coverage of the agreement all employees in the bargaining unit as provided in RCW 41.80.010(2)(a). However, if a master collective bargaining agreement is in effect for the exclusive bargaining representative, it shall apply to the bargaining unit for which the certification has been issued. Nothing in this section requires the parties to engage in new negotiations during the term of that agreement.
     (b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education.
     (3) The certified exclusive bargaining representative shall be responsible for representing the interests of all the employees in the bargaining unit. This section shall not be construed to limit an exclusive representative's right to exercise its discretion to refuse to process grievances of employees that are unmeritorious.
     (4) No question concerning representation may be raised if:
     (a) Fewer than twelve months have elapsed since the last certification or election; or
     (b) A valid collective bargaining agreement exists covering the unit, except for that period of no more than one hundred twenty calendar days nor less than ninety calendar days before the expiration of the contract.