Agricultural employees/PERC

AN ACT Relating to placing agricultural employees under the 1
jurisdiction of the public employment relations commission for the 2
purpose of collective bargaining; amending RCW 49.32.020 and 3
5.60.060; and adding a new chapter to Title 49 RCW.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. Access to the collective and individual 6
protections afforded by established federal and state labor laws, as 7
well as ensuring stable, effective, and efficient labor-management 8
relations, is a vital state interest that has critical benefit to the 9
state's economic and social development. It is declared to be the 10
policy of the state to guarantee agricultural employees the full 11
freedom of association, self-organization, and designation of 12
representatives of their own choosing, to negotiate the terms and 13
conditions of their employment, and that they shall be free from 14
interference, restraint, or coercion of agricultural employers of 15
labor, or their agents, in the designation of such representatives or 16
in self-organization or in other concerted activities for the purpose 17
of collective bargaining or other mutual aid or protections. 18
Therefore, this act extends collective bargaining rights to 19
agricultural employees.20
H-2846.1
HOUSE BILL 2409
State of Washington 69th Legislature 2026 Regular Session
By Representatives Mena, Street, Parshley, Berry, Pollet, Scott,
Simmons, Santos, Reed, Hill, and Donaghy
Read first time 01/13/26. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 2409
The agricultural context often poses significant barriers for 1
employees attempting to undertake concerted activity, such as 2
seasonal and short-term employment and high numbers of employees who 3
are limited English proficient and have had limited opportunity for 4
educational attainment. It is the policy of the state to administer 5
agricultural collective bargaining rights in a manner that takes 6
these barriers into account, including by having procedures that are 7
expeditious and linguistically and culturally appropriate.8
NEW SECTION. Sec. 2. This chapter applies to agricultural 9
employees and agricultural employers.10
NEW SECTION. Sec. 3. The definitions in this section apply 11
throughout this chapter.12
(1)(a) "Agricultural employee" means any person engaged in 13
agriculture, any individual engaged or permitted by an agricultural 14
employer to work on a farm, and also means a person engaged in the 15
canning, processing, preserving, freezing, drying, marketing, 16
storing, packing for shipment, or distributing of:17
(i) Agricultural produce; 18
(ii) Meat and fish products; or 19
(iii) Perishable foods. 20
(b) "Agricultural employee" includes any person whose work has 21
ceased because of, or in connection with, any prohibited practice.22
(c) "Agricultural employee" does not include: 23
(i) Supervisors, managers, or those employees whose duties 24
necessarily imply a confidential relationship to the agricultural 25
employer; 26
(ii) Those defined as employees under the federal national labor 27
relations act, as amended, 29 U.S.C. Sec. 152(3); 28
(iii) Employees as defined in RCW 49.37.010; or29
(iv) Members of an agricultural employer's family who are related 30
to the third degree of consanguinity. 31
(2) "Agricultural employer" means any person who employs 32
agricultural employees and includes any person acting directly or 33
indirectly as an agent of an agricultural employer, but does not 34
include an employer as defined in RCW 49.37.010. 35
(3) "Agriculture" includes farming in all its branches and, among 36
other things, includes the cultivation and tillage of the soil, 37
dairying, the production, cultivation, growing, and harvesting of any 38
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agricultural or horticultural commodities, including agricultural 1
commodities as defined in 12 U.S.C. Sec. 1141j (f), the raising of 2
livestock, bees, fur-bearing animals, or poultry, and any practices, 3
including any forestry or lumbering operations, performed by a farmer 4
or on a farm as an incident to or in conjunction with such farming 5
operations, including preparation for market, delivery to storage or 6
to market, or to carriers for transportation to market.7
(4) "Bargaining representative" means any lawful farmworker labor 8
organization that represents agricultural employees in their 9
employment relations with the agricultural employers.10
(5) "Collective bargaining" means the performance of the mutual 11
obligations of the agricultural employer and the exclusive bargaining 12
representative to meet at reasonable times, to confer and negotiate 13
in good faith, and to execute a written agreement with respect to 14
grievance procedures and collective negotiations on personnel 15
matters, including wages, hours, and working conditions, which may be 16
peculiar to an appropriate bargaining unit of such agricultural 17
employer, except that by such obligation neither party may be 18
compelled to agree to a proposal or be required to make a concession 19
unless otherwise provided in this chapter. 20
(6) "Collective bargaining agreement" means any written contract 21
or agreement that is currently in effect, or that will hereafter be 22
executed, between a bargaining representative and an employer, as 23
defined by this chapter. 24
(7) "Commission" means the public employment relations 25
commission. 26
(8) "Company union" means any committee, agricultural employee 27
representation plan, or association of agricultural employees that 28
exists for the purpose, in whole or in part, of dealing with 29
agricultural employers concerning grievances or terms and conditions 30
of employment, which the agricultural employer has initiated or 31
created or whose initiation or creation the agricultural employer has 32
suggested, participated in, or in the formulation of whose governing 33
rules or policies or the conducting of whose management, operations, 34
or elections the agricultural employer participates in or supervises 35
or that the agricultural employer maintains, finances, controls, 36
dominates, or assists in maintaining or financing, whether by 37
compensating anyone for services performed in its behalf or by 38
donating free services, equipment, materials, office or meeting space 39
or anything else of value, or by any other means. 40
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(9) "Farmworker labor organization" means an organization of any 1
kind that is not a company union, including agricultural employee 2
committee or individuals acting in the interest of other agricultural 3
employees, in which agricultural employees participate and exists for 4
the primary purpose of dealing with agricultural employers concerning 5
grievances, labor disputes, wages, rates of pay, hours of employment, 6
or conditions of employment for agricultural employees.7
(10) "Labor dispute" means any controversy concerning terms, 8
tenure, or conditions of employment, or concerning the association of 9
representation of persons in negotiating, fixing, maintaining, 10
changing, or seeking to arrange terms or conditions of employment, 11
regardless of whether the disputants stand in the proximate relation 12
of agricultural employer and agricultural employee.13
(11) "Person" includes one or more individuals, labor 14
organizations, partnerships, associations, corporations, legal 15
representatives, trustees in bankruptcy, or receivers.16
NEW SECTION. Sec. 4. (1) The commission shares concurrent 17
jurisdiction with superior courts to prevent and to remedy any 18
violation of RCW 49.32.020.19
(2) The commission must apply the Washington courts' 20
jurisprudence in adjudicating alleged violations of RCW 49.32.020.21
(3) If the commission determines that any person has engaged in 22
or is engaging in any violation of RCW 49.32.020, the commission 23
shall issue and cause to be served upon the person an order requiring 24
the person to cease and desist from such violation, and to take such 25
affirmative action as will effectuate the purposes and policy of this 26
chapter, such as the payment of damages and the reinstatement of 27
agricultural employees, and reasonable attorneys' fees in cases where 28
wages are recovered. 29
(4) The commission or the affected agricultural employees may 30
petition the superior court for the county in which the main office 31
of the employer is located or in which the person who has engaged or 32
is engaging in such violation resides or transacts business, for the 33
enforcement of the commission's order and for appropriate temporary 34
relief. 35
NEW SECTION. Sec. 5. The commission shall provide, at the 36
mutual request of an agricultural employer and an exclusive 37
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bargaining representative, mediation of any labor dispute between 1
them. 2
NEW SECTION. Sec. 6. (1) In the event that an agricultural 3
employer and agricultural employees are in disagreement as to the 4
selection of a bargaining representative, a farmworker labor 5
organization shall invite the commission to intervene.6
(2) In the event that an agricultural employer and a bargaining 7
representative are in disagreement as to the merger of two or more 8
bargaining units in the agricultural employer's workforce that are 9
represented by the same bargaining representative, the commission 10
shall be invited to intervene. 11
NEW SECTION. Sec. 7. The commission, after hearing upon 12
reasonable notice, shall decide in each application for certification 13
as an exclusive bargaining representative or unit clarification, the 14
unit appropriate for the purpose of collective bargaining. In 15
determining, modifying, or combining the bargaining unit, the 16
commission shall consider: The duties, skills, and working conditions 17
of the agricultural employees; the history of collective bargaining 18
by the agricultural employees and their bargaining representatives; 19
the extent of organization among the agricultural employees; and the 20
desire of the agricultural employees, and the avoidance of excessive 21
fragmentation.22
NEW SECTION. Sec. 8. The commission must determine the 23
bargaining representative by:24
(1) Conducting a cross-check pursuant to section 9 of this act; 25
or 26
(2) Conducting an election pursuant to section 10 of this act.27
NEW SECTION. Sec. 9. (1) If a farmworker labor organization 28
seeking to represent agricultural employees has filed LM forms for 29
the preceding two years with the federal department of labor and is 30
the only farmworker labor organization seeking certification as 31
exclusive bargaining representative of a bargaining unit for which 32
there is no incumbent exclusive bargaining representative, the 33
commission may determine the question concerning representation by 34
conducting a cross-check comparing the bargaining authorization cards 35
against the employment records of the agricultural employer. A 36
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determination through a cross-check process may be made upon a 1
showing of interest submitted in support of the exclusive bargaining 2
representative by more than 50 percent of the agricultural employees.3
(2) The farmworker labor organization that has been determined 4
through cross-check to represent a majority of the agricultural 5
employees in the bargaining unit shall be certified by the commission 6
as the exclusive bargaining representative of, and shall be required 7
to represent, all the agricultural employees within the unit without 8
regard to membership in said bargaining representative.9
NEW SECTION. Sec. 10. (1) If a farmworker labor organization 10
seeking to represent agricultural employees has not filed LM forms 11
with the federal department of labor for the preceding two years, or 12
is not the only farmworker labor organization seeking certification 13
as the exclusive bargaining representative, the commission shall 14
conduct an election to ascertain the exclusive bargaining 15
representative and upon the request of a farmworker labor 16
organization showing written proof of at least 30 percent 17
representation of the agricultural employees within the unit. The 18
commission shall, within 10 calendar days from the showing, hold an 19
election by secret ballot to determine the issue. The ballot shall 20
contain the name of such farmworker labor organization and of any 21
other farmworker labor organization showing written proof of at least 22
10 percent representation of the agricultural employees within the 23
unit, together with a choice for any agricultural employee to 24
designate that they do not desire to be represented by any bargaining 25
representative.26
(2) Where more than one organization is on the ballot and neither 27
of the three or more choices receives a majority vote of the 28
agricultural employees within the bargaining unit, a runoff election 29
shall be held. The runoff ballot shall contain the two choices which 30
received the largest and second-largest number of votes.31
(3) The farmworker labor organization that has been determined 32
through election to represent a majority of the voting agricultural 33
employees shall be certified by the commission as the exclusive 34
bargaining representative of, and shall be required to represent, all 35
the agricultural employees within the unit without regard to 36
membership in said bargaining representative. 37
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NEW SECTION. Sec. 11. No question concerning representation may 1
be raised within one year of a certification or attempted 2
certification. Where there is a valid collective bargaining agreement 3
in effect, no question of representation may be raised except during 4
the period not more than 90 nor less than 60 days prior to the 5
expiration date of the agreement. Any agreement which contains a 6
provision for automatic renewal or extension of the agreement is not 7
effective as a bar to a question of representation if it extends that 8
total term of the agreement's existence for more than three years.9
NEW SECTION. Sec. 12. The commission shall provide, at the 10
mutual request of an agricultural employer and an exclusive 11
bargaining representative, mediation of any labor dispute between 12
them. Any party to mediation may request and shall receive fact-13
finding by the mediator at the conclusion of a failed mediation.14
NEW SECTION. Sec. 13. (1) Upon the certification of an 15
exclusive bargaining representative for the agricultural employer's 16
employees, the agricultural employer has the duty to engage in 17
collective bargaining with the exclusive bargaining representative 18
before changing any wages, hours, or working conditions of the 19
represented agricultural employees. Any allegation by the exclusive 20
bargaining representative that the agricultural employer has made a 21
unilateral change in wages, hours, and working conditions may be 22
presented for resolution to an arbitrator selected mutually or by 23
application of the exclusive bargaining representative to the 24
commission for provision of the arbitrator.25
(2) Should a collective bargaining agreement between the 26
exclusive bargaining representative and the agricultural employer 27
expire, its provisions, except any prohibition on strikes or 28
lockouts, continue in force until renegotiated. During the 29
agreement's hiatus, any allegation by the exclusive bargaining 30
representative that the agricultural employer has made a unilateral 31
change in wages or economic benefits may be presented for resolution 32
to an arbitrator selected mutually or by application of the exclusive 33
bargaining representative to the commission for provision of the 34
arbitrator. 35
(3) Upon the failure of the agricultural employer and the 36
exclusive bargaining representative to conclude a collective 37
bargaining agreement within three months of certification of the 38
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exclusive bargaining representative or within three months of the 1
expiration of the last collective bargaining agreement, all matters 2
remaining in dispute shall be submitted by the parties to the 3
commission for resolution through interest arbitration.4
NEW SECTION. Sec. 14. (1) If an agreement through bargaining 5
has not been reached within three months of certification, or within 6
three months of the expiration of the last collective bargaining 7
agreement, the parties may agree in writing to continue to bargain 8
for an additional month. Thereafter they may agree in writing to 9
continue bargaining on a month-to-month basis. If the parties have 10
not entered into a written agreement to extend bargaining, or the 11
final agreement to extend bargaining has expired, the parties must 12
submit their dispute to interest arbitration. Each party shall submit 13
that party's last and final proposals upon which there exists an 14
impasse. All impasse items shall be submitted to arbitration under 15
this section. The arbitrator or arbitration panel is empowered to 16
review the parties' final proposals and to consider mediator 17
findings, if any, and to issue a decision on the submitted items 18
along with the previously agreed items, such that a complete 19
agreement is imposed through the arbitration. The arbitrator or 20
arbitration panel is also empowered to consider evidence submitted by 21
the parties concerning factors such as the employer's ability to meet 22
the costs of a contract, employee compensation at comparable 23
employers, and cost of living in the relevant geographic area in 24
their decision-making process.25
(2) If the parties cannot agree on the arbitrator or arbitration 26
panel within five days of the expiration of the three-month period 27
following certification or expiration of the previous agreement, the 28
parties shall apply to the commission or, if both parties agree, the 29
American arbitration association to provide a list of five qualified 30
arbitrators from which the arbitrator or arbitration panel shall be 31
chosen. Each party shall pay one-half of the fees and expenses of the 32
arbitration and of the recording of the proceedings.33
(3) In consultation with the parties, the arbitrator or 34
arbitration panel shall promptly establish a date, time, and place 35
for a hearing which shall be no later than two months following the 36
appointment of the arbitrator or arbitration panel. The arbitrator or 37
arbitration panel shall provide reasonable notice thereof to the 38
parties to the dispute. The parties shall exchange final positions in 39
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writing, with copies to the arbitrator or arbitration panel, with 1
respect to every issue to be arbitrated, on a date mutually agreed 2
upon, but in no event later than 10 working days before the date set 3
for the hearing. A hearing shall be held, and each party shall have 4
the opportunity to present evidence and make arguments. The rules of 5
evidence prevailing in judicial proceedings may be considered, but 6
are not binding, and any oral testimony or documentary evidence or 7
other data deemed relevant by the arbitrator or chair of the 8
arbitration panel may be received in evidence. A recording of the 9
proceedings shall be taken. The arbitrator or arbitration panel shall 10
have the power to administer oaths, require the attendance of 11
witnesses, and require the production of such books, papers, 12
contracts, agreements, and documents as may be deemed by the 13
arbitrator or chair of the arbitration panel to be material to a just 14
determination of the issues in dispute. If any person refuses to obey 15
a subpoena issued by the arbitrator or arbitration panel, or refuses 16
to be sworn or to make an affirmation to testify, or any witness, 17
party, or attorney for a party is guilty of any contempt while in 18
attendance at any hearing held hereunder, the arbitrator may invoke 19
the jurisdiction of the superior court in the county where the labor 20
dispute exists, and the court has jurisdiction to issue an 21
appropriate order. Any failure to obey the order may be punished by 22
the court as a contempt thereof. 23
(4) Within 30 days following the conclusion of the hearing, the 24
arbitrator or arbitration panel shall make written findings of fact 25
and a written determination of the issues in dispute, based on the 26
evidence presented. A copy thereof shall be served on each of the 27
parties to the dispute. That determination is final and binding upon 28
both parties, subject to review by the superior court upon the 29
application of either party. 30
(5) The superior court's scope of review is limited to whether:31
(a) The arbitrator or arbitration panel acted without, or in 32
excess of, their powers; 33
(b) The arbitration has proceeded in the manner required by law;34
(c) The order or decision of the arbitrator or arbitration panel 35
was procured by fraud or was an abuse of discretion;36
(d) The decision of the arbitrator or arbitration panel was 37
arbitrary or capricious; and 38
(e) The arbitrator's or arbitration panel's decision violated 39
either of the parties' constitutional or statutory rights.40
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NEW SECTION. Sec. 15. (1) In addition to any contractually 1
agreed method for selecting arbitrators, the parties may mutually 2
request the commission to, and the commission shall, appoint a 3
qualified person who may be an employee of the commission to act as 4
an arbitrator to assist in the resolution of a labor dispute between 5
an agricultural employer and an exclusive bargaining representative 6
arising from the application of the matters contained in a collective 7
bargaining agreement. The arbitrator shall conduct such arbitration 8
of such dispute in a manner as provided for in the collective 9
bargaining agreement. The commission may not collect any fees or 10
charges from such agricultural employer or such exclusive bargaining 11
representative for services performed by the commission under the 12
provisions of this chapter.13
(2) The provisions of chapter 49.08 RCW do not apply to this 14
chapter. 15
NEW SECTION. Sec. 16. Nothing in this chapter, except as 16
specifically provided for herein, interferes with, impedes, or 17
diminishes in any way the right to strike.18
NEW SECTION. Sec. 17. Actions taken by or on behalf of the 19
commission shall be pursuant to chapter 34.05 RCW, or rules adopted 20
in accordance with chapter 34.05 RCW, and the right of judicial 21
review provided by chapter 34.05 RCW is applicable to all such 22
actions and rules.23
NEW SECTION. Sec. 18. The commission shall promulgate, revise, 24
or rescind such rules and regulations as it may deem necessary or 25
appropriate to administer the provisions of this chapter in 26
conformity with the intent and purpose of this chapter and consistent 27
with the best standards of labor-management relations and the 28
conditions of the agricultural industry.29
NEW SECTION. Sec. 19. Sections 1 through 18 of this act 30
constitute a new chapter in Title 49 RCW.31
Sec. 20. RCW 49.32.020 and 2010 c 8 s 12028 are each amended to 32
read as follows: 33
(1) In the interpretation of this chapter and in determining the 34
jurisdiction and authority of the courts of the state of Washington, 35
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as such jurisdiction and authority are herein defined and limited, 1
the public policy of the state of Washington is hereby declared as 2
follows: 3
WHEREAS, Under prevailing economic conditions, developed with the 4
aid of governmental authority for owners of property to organize in 5
the corporate and other forms of ownership association, the 6
individual unorganized worker is commonly helpless to exercise actual 7
liberty of contract and to protect his or her freedom of labor, and 8
thereby to obtain acceptable terms and conditions of employment, 9
wherefore, though he or she should be free to decline to associate 10
with his or her fellows, it is necessary that he or she have full 11
freedom of association, self-organization, and designation of 12
representatives of his or her own choosing, to negotiate the terms 13
and conditions of his or her employment, and that he or she shall be 14
free from interference, restraint, or coercion of employers of labor, 15
or their agents, in the designation of such representatives or in 16
self-organization or in other concerted activities for the purpose of 17
collective bargaining or other mutual aid or protections; therefore, 18
the following definitions of, and limitations upon, the jurisdiction 19
and authority of the courts of the state of Washington are hereby 20
enacted. 21
(2) The public employment relations commission has concurrent 22
jurisdiction to prevent and to remedy any violation of the rights set 23
forth in subsection (1) of this section.24
Sec. 21. RCW 5.60.060 and 2025 c 346 s 3 are each amended to 25
read as follows: 26
(1) A spouse or domestic partner shall not be examined for or 27
against his or her spouse or domestic partner, without the consent of 28
the spouse or domestic partner; nor can either during marriage or 29
during the domestic partnership or afterward, be without the consent 30
of the other, examined as to any communication made by one to the 31
other during the marriage or the domestic partnership. But this 32
exception shall not apply to a civil action or proceeding by one 33
against the other, nor to a criminal action or proceeding for a crime 34
committed by one against the other, nor to a criminal action or 35
proceeding against a spouse or domestic partner if the marriage or 36
the domestic partnership occurred subsequent to the filing of formal 37
charges against the defendant, nor to a criminal action or proceeding 38
for a crime committed by said spouse or domestic partner against any 39
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child of whom said spouse or domestic partner is the parent or 1
guardian, nor to a proceeding under chapter 71.05 or 71.09 RCW: 2
PROVIDED, That the spouse or the domestic partner of a person sought 3
to be detained under chapter 71.05 or 71.09 RCW may not be compelled 4
to testify and shall be so informed by the court prior to being 5
called as a witness. 6
(2)(a) An attorney or counselor shall not, without the consent of 7
his or her client, be examined as to any communication made by the 8
client to him or her, or his or her advice given thereon in the 9
course of professional employment. 10
(b) A parent or guardian of a minor child arrested on a criminal 11
charge may not be examined as to a communication between the child 12
and his or her attorney if the communication was made in the presence 13
of the parent or guardian. This privilege does not extend to 14
communications made prior to the arrest. 15
(3) A member of the clergy, a Christian Science practitioner 16
listed in the Christian Science Journal, or a priest shall not, 17
without the consent of a person making the confession or sacred 18
confidence, be examined as to any confession or sacred confidence 19
made to him or her in his or her professional character, in the 20
course of discipline enjoined by the church to which he or she 21
belongs. 22
(4) Subject to the limitations under RCW 71.05.217 (6) and (7), a 23
physician or surgeon or osteopathic physician or surgeon or podiatric 24
physician or surgeon shall not, without the consent of his or her 25
patient, be examined in a civil action as to any information acquired 26
in attending such patient, which was necessary to enable him or her 27
to prescribe or act for the patient, except as follows:28
(a) In any judicial proceedings regarding a child's injury, 29
neglect, or sexual abuse or the cause thereof; and30
(b) Ninety days after filing an action for personal injuries or 31
wrongful death, the claimant shall be deemed to waive the physician-32
patient privilege. Waiver of the physician-patient privilege for any 33
one physician or condition constitutes a waiver of the privilege as 34
to all physicians or conditions, subject to such limitations as a 35
court may impose pursuant to court rules. 36
(5) A public officer shall not be examined as a witness as to 37
communications made to him or her in official confidence, when the 38
public interest would suffer by the disclosure. 39
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(6)(a) A peer supporter shall not, without consent of the peer 1
support services recipient making the communication, be compelled to 2
testify about any communication made to the peer supporter by the 3
peer support services recipient while receiving individual or group 4
services. The peer supporter must be designated as such by their 5
employing agency prior to providing peer support services. The 6
privilege only applies when the communication was made to the peer 7
supporter while acting in his or her capacity as a peer supporter. 8
The privilege applies regardless of whether the peer support services 9
recipient is an employee of the same agency as the peer supporter. 10
Peer support services may be coordinated or designated among first 11
responder agencies pursuant to chapter 10.93 RCW, interlocal 12
agreement, or other similar provision, provided however that a 13
written agreement is not required for the privilege to apply. The 14
privilege does not apply if the peer supporter was an initial 15
responding first responder, department of corrections staff person, 16
or jail staff person; a witness; or a party to the incident which 17
prompted the delivery of peer support services to the peer support 18
services recipient. 19
(b) For purposes of this section: 20
(i) "First responder" means: 21
(A) A law enforcement officer; 22
(B) A limited authority law enforcement officer;23
(C) A firefighter; 24
(D) An emergency services dispatcher or recordkeeper;25
(E) Emergency medical personnel, as licensed or certified by this 26
state; 27
(F) A member or former member of the Washington national guard 28
acting in an emergency response capacity pursuant to chapter 38.52 29
RCW; 30
(G) A coroner or medical examiner, or a coroner's or medical 31
examiner's agent or employee; or 32
(H) An individual engaged in co-response services, as defined in 33
RCW 71.24.025. 34
(ii) "Law enforcement officer" means a general authority 35
Washington peace officer as defined in RCW 10.93.020.36
(iii) "Limited authority law enforcement officer" means a limited 37
authority Washington peace officer as defined in RCW 10.93.020 who is 38
employed by the department of corrections, state parks and recreation 39
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commission, department of natural resources, liquor and cannabis 1
board, or Washington state gambling commission. 2
(iv) "Peer support services recipient" means: 3
(A) A first responder; 4
(B) A department of corrections staff person; or5
(C) A jail staff person. 6
(v) "Peer supporter" means: 7
(A) A first responder, retired first responder, department of 8
corrections staff person, or jail staff person or a civilian employee 9
of a first responder entity or agency, local jail, or state agency 10
who has received training to provide emotional and moral support and 11
services to a peer support services recipient who needs those 12
services as a result of an incident or incidents in which the peer 13
support services recipient was involved while acting in his or her 14
official capacity or to deal with other stress that is impacting the 15
peer support services recipient's performance of official duties; or16
(B) A nonemployee who has been designated by the first responder 17
entity or agency, local jail, statewide organization focused on co-18
response outreach, or state agency to provide emotional and moral 19
support and counseling to a peer support services recipient who needs 20
those services as a result of an incident or incidents in which the 21
peer support services recipient was involved while acting in his or 22
her official capacity. 23
(7) A sexual assault advocate may not, without the consent of the 24
victim, be examined as to any communication made between the victim 25
and the sexual assault advocate. 26
(a) For purposes of this section, "sexual assault advocate" means 27
the employee or volunteer from a community sexual assault program or 28
underserved populations provider, victim assistance unit, program, or 29
association, that provides information, medical or legal advocacy, 30
counseling, or support to victims of sexual assault, who is 31
designated by the victim to accompany the victim to the hospital or 32
other health care facility and to proceedings concerning the alleged 33
assault, including police and prosecution interviews and court 34
proceedings. 35
(b) A sexual assault advocate may disclose a confidential 36
communication without the consent of the victim if failure to 37
disclose is likely to result in a clear, imminent risk of serious 38
physical injury or death of the victim or another person. Any sexual 39
assault advocate participating in good faith in the disclosing of 40
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records and communications under this section shall have immunity 1
from any liability, civil, criminal, or otherwise, that might result 2
from the action. In any proceeding, civil or criminal, arising out of 3
a disclosure under this section, the good faith of the sexual assault 4
advocate who disclosed the confidential communication shall be 5
presumed. 6
(8) A domestic violence advocate may not, without the consent of 7
the victim, be examined as to any communication between the victim 8
and the domestic violence advocate. 9
(a) For purposes of this section, "domestic violence advocate" 10
means an employee or supervised volunteer from a community -based 11
domestic violence program or human services program that provides 12
information, advocacy, counseling, crisis intervention, emergency 13
shelter, or support to victims of domestic violence and who is not 14
employed by, or under the direct supervision of, a law enforcement 15
agency, a prosecutor's office, or the child protective services 16
section of the department of children, youth, and families as defined 17
in RCW 26.44.020. 18
(b) A domestic violence advocate may disclose a confidential 19
communication without the consent of the victim if failure to 20
disclose is likely to result in a clear, imminent risk of serious 21
physical injury or death of the victim or another person. This 22
section does not relieve a domestic violence advocate from the 23
requirement to report or cause to be reported an incident under RCW 24
26.44.030(1) or to disclose relevant records relating to a child as 25
required by RCW 26.44.030(15). Any domestic violence advocate 26
participating in good faith in the disclosing of communications under 27
this subsection is immune from liability, civil, criminal, or 28
otherwise, that might result from the action. In any proceeding, 29
civil or criminal, arising out of a disclosure under this subsection, 30
the good faith of the domestic violence advocate who disclosed the 31
confidential communication shall be presumed. 32
(9) A mental health counselor, independent clinical social 33
worker, or marriage and family therapist licensed under chapter 34
18.225 RCW may not disclose, or be compelled to testify about, any 35
information acquired from persons consulting the individual in a 36
professional capacity when the information was necessary to enable 37
the individual to render professional services to those persons 38
except: 39
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(a) With the written authorization of that person or, in the case 1
of death or disability, the person's personal representative;2
(b) If the person waives the privilege by bringing charges 3
against the mental health counselor licensed under chapter 18.225 4
RCW; 5
(c) In response to a subpoena from the secretary of health. The 6
secretary may subpoena only records related to a complaint or report 7
under RCW 18.130.050; 8
(d) As required under chapter 26.44 or 74.34 RCW or RCW 71.05.217 9
(6) or (7); or 10
(e) To any individual if the mental health counselor, independent 11
clinical social worker, or marriage and family therapist licensed 12
under chapter 18.225 RCW reasonably believes that disclosure will 13
avoid or minimize an imminent danger to the health or safety of the 14
individual or any other individual; however, there is no obligation 15
on the part of the provider to so disclose. 16
(10) An individual who acts as a sponsor providing guidance, 17
emotional support, and counseling in an individualized manner to a 18
person participating in an alcohol or drug addiction recovery 19
fellowship may not testify in any civil action or proceeding about 20
any communication made by the person participating in the addiction 21
recovery fellowship to the individual who acts as a sponsor except 22
with the written authorization of that person or, in the case of 23
death or disability, the person's personal representative.24
(11)(a) Neither a union representative nor an employee the union 25
represents or has represented shall be examined as to, or be required 26
to disclose, any communication between an employee and union 27
representative or between union representatives made in the course of 28
union representation except: 29
(i) To the extent such examination or disclosure appears 30
necessary to prevent the commission of a crime that is likely to 31
result in a clear, imminent risk of serious physical injury or death 32
of a person; 33
(ii) In actions, civil or criminal, in which the represented 34
employee is accused of a crime or assault or battery;35
(iii) In actions, civil or criminal, where a union member is a 36
party to the action, the union member may obtain a copy of any 37
statement previously given by that union member concerning the 38
subject matter of the action and may elicit testimony concerning such 39
statements. The right of the union member to obtain such statements, 40
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or the union member's possession of such statements, does not render 1
them discoverable over the objection of the union member;2
(iv) In actions, regulatory, civil, or criminal, against the 3
union or its affiliated, subordinate, or parent bodies or their 4
agents; or 5
(v) When an admission of, or intent to engage in, criminal 6
conduct is revealed by the represented union member to the union 7
representative. 8
(b) The privilege created in this subsection (11) does not apply 9
to any record of communications that would otherwise be subject to 10
disclosure under chapter 42.56 RCW. 11
(c) The privilege created in this subsection (11) may not 12
interfere with an employee's or union representative's applicable 13
statutory mandatory reporting requirements, including but not limited 14
to duties to report in chapters 26.44, 43.101, and 74.34 RCW.15
(d) For purposes of this subsection: 16
(i) "Employee" means a person represented by a certified or 17
recognized union regardless of whether the employee is a member of 18
the union. 19
(ii) "Union" means any lawful organization that has as one of its 20
primary purposes the representation of employees in their employment 21
relations with employers, including without limitation labor 22
organizations defined by 29 U.S.C. Sec. 152 (5) and 5 U.S.C. Sec. 23
7103(a)(4), representatives defined by 45 U.S.C. Sec. 151, and 24
bargaining representatives defined in RCW 41.56.030, and employee 25
organizations as defined in RCW 28B.52.020, 41.59.020, 41.80.005, 26
41.76.005, 47.64.011, and 53.18.010, and farmworker labor 27
organizations as defined in section 3 of this act.28
(iii) "Union representation" means action by a union on behalf of 29
one or more employees it represents in regard to their employment 30
relations with employers, including personnel matters, grievances, 31
labor disputes, wages, rates of pay, hours of employment, conditions 32
of work, or collective bargaining. 33
(iv) "Union representative" means a person authorized by a union 34
to act for the union in regard to union representation.35
(v) "Communication" includes any oral, written, or electronic 36
communication or document containing such communication.37
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