BILL REQ. #:  S-2780.1 

Read first time 05/15/13.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to protecting the right to work; adding new sections to chapter 49.36 RCW; creating a new section; prescribing penalties; and providing a contingent effective date.

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

NEW SECTION.  Sec. 1   The legislature declares that it is the policy of the state that:
     (1) A person shall not be required by an employer to abstain or refrain from membership in any labor organization as a condition of employment or continuation of employment. The right to work shall not be denied or abridged on account of an employee's choice to bargain collectively through a labor organization; and
     (2) A person shall not be required by an employer to become or remain a member of a labor organization as a condition of employment. The right to work shall not be denied or abridged on account of an employee's choice not to pay any dues, fees, or other charges of any kind or amount, if not a member, to any labor organization, or on a decision not to pay to any charity, political committees, or other third party, in lieu of such payments, any amount equivalent to a pro rata portion of dues, fees, or other charges.

NEW SECTION.  Sec. 2   (1) A person's inherent right to work and to bargain freely with the person's employer, individually or collectively, for terms of the person's employment may not be denied or infringed by law or by any organization.
     (2) A contract that permits or requires the retention of part of an employee's compensation to pay dues or assessments on the employee's part to a labor union is void unless the employee delivers to the employer the employee's written consent to the retention of those sums.

NEW SECTION.  Sec. 3   (1) A person may not be denied employment based on membership or nonmembership in a labor union.
     (2) A contract is void if it requires that, to work for an employer, employees or applicants for employment: (a) Must be or may not be members of a labor union; or (b) must remain or may not remain members of a labor union.

NEW SECTION.  Sec. 4   (1) A labor union, a labor organizer, or an officer, member, agent, or representative of a labor union may not collect, receive, or demand, directly or indirectly, a fee as a work permit or as a condition for the privilege to work from a person who is not a member of the union.
     (2) A labor union that violates this section is liable for a civil penalty not to exceed one thousand dollars for each violation. The civil penalty may be recovered in the name of the state, acting through an enforcement officer, in a court of competent jurisdiction.
     (3)(a) A superior court has jurisdiction, on the application of the state acting through an enforcement officer, to issue a restraining order, a temporary or permanent injunction, or any other writ of process appropriate to enforce this section.
     (b) A proceeding under (a) of this subsection shall be instituted, prosecuted, and tried in the same manner as another civil case of a similar nature in the superior court.     
     (4)(a) A labor union officer or a labor organizer commits an offense if the person violates this section.
     (b) An offense under (a) of this subsection is a misdemeanor punishable by: (i) A fine of not more than five hundred dollars; (ii) confinement in the county jail for not more than sixty days; or (iii) both the fine and confinement.
     (5) The attorney general, and each prosecuting attorney, within the attorney's respective jurisdiction, shall: (a) Prosecute all criminal proceedings under this section; and (b) institute and maintain all civil proceedings under this section.

NEW SECTION.  Sec. 5   (1)(a) The right of a person to work may not be denied or abridged because of membership or nonmembership in a labor union or other labor organization.
     (b) In the exercise of the right to work, each person shall be free from threats, force, intimidation, or coercion.
     (c) A person who violates this section is liable to a person who suffers from that violation for all resulting damages.
     (2)(a) The attorney general or a prosecuting attorney may bring an action in superior court to enjoin a violation of this section.      
     (b) The superior courts shall grant injunctive relief when a violation of this section is made apparent.
     (3) Not later than the second day after the receipt of notice of institution of a cause of action under this section, a party to the cause of action may apply to the presiding judge of the superior court in the county within which the action is brought. The presiding judge shall immediately assign a superior court judge from within the county who shall hear all proceedings in the cause of action.

NEW SECTION.  Sec. 6   Nothing contained in this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired.

NEW SECTION.  Sec. 7   Sections 1 through 5 of this act are each added to chapter 49.36 RCW.

NEW SECTION.  Sec. 8   Sections 1 through 5 of this act take effect if the department of labor and industries adopts an overall industrial insurance rate for the 2014 rate year that is greater than the overall rate adopted for the 2013 rate year. The department of labor and industries must provide notice of the effective date of sections 1 through 5 of this act to the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.