National Labor Relations Act. 

The National Labor Relations Act (NLRA) governs collective bargaining of private sector workers, allowing employees the right to collectively bargain and join unions.  The NLRA excludes certain groups of workers from its coverage, including agricultural laborers.

State Collective Bargaining Law. 

State law grants workers the right to organize and form labor unions, as well as engage in concerted activities, for the purposes of collective bargaining, free from interference, restraint, or coercion from employers.

The Public Employment Relations Commission.

The PERC administers and enforces most public sector collective bargaining laws in Washington.  The PERC determines and certifies appropriate bargaining units, mediates labor disputes, and issues decisions in representation, unfair labor practice, and unit clarification cases.  Generally, PERC does not have jurisdictional authority over private sector workers.  Musicians of certain symphonies not covered by the NLRA and certain cannabis workers have been placed under the PERC's jurisdiction.

Covered Employees and Employers.

Collective bargaining for agricultural employees is placed under the jurisdiction of PERC.  "Agricultural employee" means any person engaged in agriculture, any individual engaged or permitted by an agricultural employer to work on a farm, and any person engaged in the canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment, or distributing of agricultural produce, meat and fish products, or perishable foods.  Cannabis agricultural employees or other employees covered under the NLRA are not included.  Covered employers are any persons who employ agricultural employees and includes any person acting directly or indirectly as an agent of an agricultural employer. 

PERC Enforcement.

The PERC has concurrent jurisdiction with the courts to enforce state law prohibiting employers from interfering, restraining, or coercing employees from engaging in concerted activities for purposes of collective bargaining.  The PERC has authority to issue cease and desist orders and take other affirmative action, such as order the payment of damages and reasonable attorneys’ fees and the reinstatement of an agricultural employee.

Certification of the Exclusive Bargaining Representative and Bargaining Unit Determinations.

In each application for the certification of an exclusive bargaining representative or unit clarification, PERC must determine the appropriate bargaining unit.  If there is disagreement as to the merger of two or more bargaining units, PERC must be invited to intervene.

If there is a disagreement between the employer and employees as to the selection of a bargaining representative, a farmworker labor organization must invite PERC to intervene.  The PERC must determine the bargaining representative by either a cross-check or secret ballot election. 

Cross-check is available in limited circumstances and applies when a farmworker labor organization seeking to be certified is already recognized by the U.S. Department of Labor, is the only organization seeking to be certified, and there is a showing of interest supporting the selection of the exclusive bargaining representative by more than 50 percent of the employees.

If cross-check is not appropriate, PERC must conduct a secret ballot election upon a request of a farmworker labor organization showing written proof of at least 30 percent of the employees within the unit. 

Procedures and timelines are established for PERC to conduct the election and certify the exclusive bargaining representative.  Timelines are also established for when the question of representation and decertification can be raised.

Dispute Resolution and Interest Arbitration Provisions.

If the employer and exclusive bargaining representative fail to come to an agreement within three months of certifying the exclusive bargaining representative, or within three months of an expired collective bargaining agreement, all unresolved matters must be submitted for resolution through interest arbitration.  The parties may agree to continue negotiations beyond the three-month deadline before going to arbitration. 

Procedures are established for parties to select an arbitrator, select hearing dates, submit their last and final proposals, and split the arbitration fees and expenses.  Provisions are also created regarding evidence and other factors the arbitrator may consider when coming to a decision. 

The arbitrator’s decision is final and binding on the parties, subject to superior court review upon application of either party. 

The parties may agree to have PERC appoint an arbitrator, who may be a PERC employee, to resolve labor disputes arising from matters contained in a collective bargaining agreement.  PERC may not collect fees from the employer or exclusive bargaining representative.

Upon the mutual request of the parties, PERC must provide mediation of any labor dispute between the agricultural employer and the exclusive bargaining representative. 

Unilateral Changes and Expired Collective Bargaining Agreements.

Upon the certification of an exclusive bargaining representative, the employer has the duty to engage in collective bargaining before changes to wages, hours, or working conditions can be made.  Allegations that the employer has made a unilateral change in wages, hours, and working conditions may be presented to an arbitrator the parties mutually select or by the application of the exclusive bargaining representative to PERC for an arbitrator.

Provisions of an expired collective bargaining agreement, except for any prohibition on strikes or lockouts, continue in force until renegotiated. 

Other Provisions.

The bill does not interfere with, impede, or diminish the right to strike.

The testimonial privilege protecting the compelled disclosure of certain communications in judicial proceedings is extended to communications between union representatives and agricultural employees to the same extent as provided to other unions and employees.