2124-S.E AMS WAGO S5445.1
ESHB 2124 - S AMD TO WM COMM AMD (S-5428.1/22) 1488
By Senator Wagoner
NOT ADOPTED 03/09/2022
On page 4, line 26, after "Sec. 6." insert "(1)"
On page 4, after line 29, insert the following:
"(2)(a) It is unlawful for any legislative employee, or any employee organization, directly or indirectly, to induce, instigate, encourage, authorize, ratify, or participate in a strike or work stoppage during legislative session or committee assembly days.
(b) In the event of any violation or imminently threatened violation of this section, any citizen domiciled within the jurisdictional boundaries of the state may petition the superior court for Thurston county for an injunction restraining the violation or imminently threatened violation. Rules of civil procedure regarding injunctions apply to the action. However, the court shall grant a temporary injunction if it appears to the court that a violation has occurred or is imminently threatened. The plaintiff need not show that the violation or threatened violation would greatly or irreparably injure him or her and no bond may be required of the plaintiff unless the court determines that a bond is necessary in the public interest.
(c) Failure to comply with any temporary or permanent injunction granted under (b) of this subsection is a contempt of court as provided in chapter 7.21 RCW. The court may impose a penalty of up to $10,000 for an employee organization for each day during which the failure to comply continues. The sanctions for a legislative employee found to be in contempt shall be as provided in chapter 7.21 RCW. An individual or an employee organization which makes an active good faith effort to comply fully with the injunction shall not be deemed to be in contempt.
(d) An employee organization found in violation of this section, having such violation restrained under (b) of this subsection, must be decertified by the commission."
On page 6, line 26, after "RCW;" insert "prescribing penalties;"
EFFECT: Provides that it is unlawful for any legislative employee or employee organization to induce, instigate, encourage, authorize, ratify, or participate in a strike or work stoppage during legislative session or committee assembly days. Establishes a process for obtaining injunctions to restrain violations of the prohibition on strikes and work stoppages. Establishes penalties for violations of an injunction restraining such violations. Requires the Public Employment Relations Commission to decertify an employee organization who violates the prohibition on strikes and work stoppages.
--- END ---