Collective bargaining

AN ACT Relating to collective bargaining for employees not 1
covered by the national labor relations act; amending RCW 49.32.020 2
and 5.60.060; and adding a new chapter to Title 49 RCW.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. Access to the collective and individual 5
protections afforded by established federal and state labor laws, as 6
well as ensuring stable, effective, and efficient labor-management 7
relations, is a vital state interest that has critical benefits to 8
the state's economic and social development. Should there be an 9
absence of applicable law setting forth the rights and obligations of 10
parties engaged in private sector labor-management relations, as well 11
as procedures for the enforcement of the same, the resulting loss of 12
the benefits of collective bargaining to the economy and social 13
fabric of the state would be immensely harmful. 14
NEW SECTION. Sec. 2. (1) This chapter applies to any employer, 15
employee, trade, or industry not regulated by the national labor 16
relations act or the railway labor act, except those governed by 17
chapters 49.37 and 49.39 RCW, or any other state law explicitly 18
covering collective bargaining for specified employers, employees, 19
trades, or industries.20
H-2889.1
HOUSE BILL 2471
State of Washington 69th Legislature 2026 Regular Session
By Representatives Scott, Berry, Pollet, Parshley, Doglio, and Macri
Read first time 01/14/26. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 2471
(2) Should federal law cease to preempt the regulation of private 1
sector labor-management relations in the state, as a whole or any 2
portion thereof, with regard to any employer, employees, trade, or 3
industry, this chapter applies in full force and effect to such 4
employer, employees, and trade or industry entities. Additionally, 5
should the national labor relations board determine that any employer 6
or employees, as defined in section 3 of this act, or trade or 7
industry falls outside the jurisdiction of the national labor 8
relations act, or should the board decline jurisdiction or be 9
deprived of jurisdiction over the same, this chapter applies in full 10
force and effect to such employer, employees, trade, or industry.11
NEW SECTION. Sec. 3. The definitions in this section apply 12
throughout this chapter unless the context clearly requires 13
otherwise.14
(1) "Bargaining representative" means any labor organization 15
which has as one of its primary purposes the representation of 16
employees in their employment relations with employers, and which 17
does currently, or has in the past represented employees as defined 18
by this chapter. 19
(2) "Collective bargaining" means the performance of the mutual 20
obligations of the employer and the exclusive bargaining 21
representative to meet at reasonable times, to confer and negotiate 22
in good faith, and to execute a written agreement with respect to 23
grievance procedures and collective negotiations on personnel 24
matters, including wages, hours, and working conditions, which may be 25
peculiar to an appropriate bargaining unit of such employer, except 26
that by such obligation neither party may be compelled to agree to a 27
proposal or be required to make a concession unless otherwise 28
provided in this chapter. 29
(3) "Collective bargaining agreement" means any written contract 30
or agreement that is currently in effect, or that will be executed, 31
between an exclusive bargaining representative and an employer, as 32
defined by this chapter. 33
(4) "Commission" means the public employment relations 34
commission. 35
(5)(a) "Employee" means any employee of an employer, including of 36
a consumer directed employer as defined by RCW 74.39A.009, and is not 37
limited to the employees of a particular employer, and includes any 38
individual whose work has ceased as a consequence of, or in 39
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connection with, any current labor dispute, and who has not obtained 1
any other regular and substantially equivalent employment.2
(b) "Employee" does not include: 3
(i) Any individual employed by their parent or spouse unless also 4
employed by a third party for the work performed; 5
(ii) Any individual having the status of an independent 6
contractor; 7
(iii) Any individual employed as a supervisor; 8
(iv) Any person employed by the state or a political subdivision 9
of the state, or an employee as defined by RCW 49.37.010 or an 10
employee of an employer defined in RCW 49.39.005; or11
(v) Any other person who is not employed by an employer as herein 12
defined. 13
(6) "Employer" means any employer, or any person acting as an 14
agent of an employer, except the state or political subdivision of 15
the state, or an employer as defined by RCW 49.37.010, or an employer 16
as defined in RCW 49.39.005. 17
(7) "Exclusive bargaining representatives" means a bargaining 18
representative that has been previously certified or recognized as 19
the representative of employees as defined by this chapter.20
(8) "Labor dispute" includes any controversy concerning terms, 21
tenure, or conditions of employment, or concerning the association or 22
representation of persons in negotiating, fixing, maintaining, or 23
seeking to arrange terms or conditions of employment, regardless of 24
whether the disputants stand in the proximate relation of employer 25
and employee. 26
(9) "Labor organization" means any organization of any kind, or 27
any agency or employee representation committee or plan, in which 28
employees participate and which exists for the purpose, in whole or 29
in part, of dealing with employers concerning grievances, labor 30
disputes, wages, rates of pay, hours of employment, or conditions of 31
work. 32
NEW SECTION. Sec. 4. The privilege established by RCW 33
5.60.060(11) applies to all labor organizations covered by this 34
chapter and in all proceedings authorized by this chapter.35
NEW SECTION. Sec. 5. Upon application by a labor organization 36
that held the status of an exclusive bargaining representative under 37
federal law by certification or voluntary recognition immediately 38
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prior to the time that state regulation of private sector labor 1
relations is no longer preempted as applied to that collective 2
bargaining relationship, the commission shall promptly certify the 3
exclusive bargaining representative under this chapter. Absent 4
exceptional cause, the process to verify the exclusive bargaining 5
representative's status for certification must be completed within 6
one month of the filing of the application. All existing terms and 7
conditions of employment and any collective bargaining agreement 8
covering the affected bargaining unit remain in full force and effect 9
through the commission's verification process. 10
NEW SECTION. Sec. 6. (1) In the event that an employer and 11
employees are in disagreement as to the selection of an exclusive 12
bargaining representative, the commission must be invited to 13
intervene as is provided in sections 10 through 13 of this act.14
(2) In the event that an employer and an exclusive bargaining 15
representative are in disagreement as to the merger of two or more 16
bargaining units in the employer's workforce that are represented by 17
the same exclusive bargaining representative, the commission must be 18
invited to intervene as is provided in section 10 through 13 of this 19
act. 20
NEW SECTION. Sec. 7. The commission, after hearing upon 21
reasonable notice, shall decide in each application for certification 22
as an exclusive bargaining representative or unit clarification, 23
other than applications submitted under section 5 of this act, the 24
unit appropriate for the purpose of collective bargaining. In 25
determining, modifying, or combining the bargaining unit, the 26
commission shall consider the duties, skills, and working conditions 27
of the employees; the history of collective bargaining by the 28
employer and their bargaining representatives; the extent of 29
organization among the employees; and the desire of the employees, 30
and the avoidance of excessive fragmentation. 31
NEW SECTION. Sec. 8. The commission shall determine the 32
exclusive bargaining representative by: (1) Conducting a cross-check 33
pursuant to section 9 of this act; or (2) conducting an election 34
pursuant to section 10 of this act.35
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NEW SECTION. Sec. 9. (1) If only one employee organization is 1
seeking certification as an exclusive bargaining representative of a 2
bargaining unit for which there is no incumbent exclusive bargaining 3
representative, the commission may determine the question concerning 4
representation by conducting a cross-check comparing the bargaining 5
authorization cards against the employment records of the employer. A 6
determination through a cross-check process may be made upon a 7
showing of interest submitted in support of the exclusive bargaining 8
representative by more than 50 percent of the employees.9
(2) The exclusive bargaining representative that has been 10
determined through a cross-check to represent a majority of the 11
employees in the bargaining unit must be certified by the commission 12
as the exclusive bargaining representative of, and is required to 13
represent, all the employees within the unit without regard to 14
membership in said exclusive bargaining representative.15
NEW SECTION. Sec. 10. (1) In the event the commission elects to 16
conduct an election to ascertain the exclusive bargaining 17
representative, and upon the request of a prospective bargaining 18
representative showing written proof of at least 30 percent 19
representation of the employees within the proposed unit, the 20
commission shall hold an election by secret ballot to determine the 21
issue. The ballot must contain the name of such bargaining 22
representative and of any other bargaining representative showing 23
written proof of at least 10 percent representation of the employees 24
within the unit, together with a choice for any employee to designate 25
that they do not desire to be represented by any bargaining agent. 26
Where more than one organization is on the ballot and neither of the 27
three or more choices receives a majority vote of the voting 28
employees within the bargaining unit, a runoff election must be held. 29
The runoff ballot must contain the two choices which received the 30
largest and second-largest number of votes.31
(2) The bargaining representative which has been determined 32
through election to represent a majority of the voting employees must 33
be certified by the commission as the exclusive bargaining 34
representative of, and is required to represent, all the employees 35
within the unit without regard to membership in said bargaining 36
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. (1) The commission shares concurrent 10
jurisdiction with superior courts to prevent and to remedy any 11
violation of RCW 49.32.020.12
(2) The commission applies the Washington courts' jurisprudence 13
in adjudicating alleged violations of RCW 49.32.020.14
(3) If the commission determines that any person has engaged in 15
or is engaging in any violation of RCW 49.32.020, the commission 16
shall issue and cause to be served upon the person an order requiring 17
the person to cease and desist from such violation, and to take such 18
affirmative action as will effectuate the purposes and policy 19
declared in RCW 49.32.020 and of this chapter, such as the payment of 20
damages and the reinstatement of employees, and reasonable attorneys' 21
fees and costs. 22
(4) The commission or the affected employees, or the employees' 23
bargaining representative may petition the superior court for the 24
county in which the main office of the employer is located or in 25
which the person who has engaged or is engaging in such violation 26
resides or transacts business, for the enforcement of the 27
commission's order and for appropriate temporary relief.28
NEW SECTION. Sec. 13. The commission shall provide, at the 29
mutual request of an employer and an exclusive bargaining 30
representative, mediation of any labor dispute between them. Any 31
party to mediation may request and receive fact finding by the 32
mediator at the conclusion of a failed mediation.33
NEW SECTION. Sec. 14. (1) Notwithstanding the possible 34
cessation of any duty on the part of any employer or labor 35
organization to comply with the terms of any collective bargaining 36
agreement reached under the auspices of federal labor law, any such 37
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agreement reached between any employer or exclusive bargaining 1
representative as defined in this chapter remains a contractually 2
binding agreement and is enforceable on its terms. 3
(2) Upon the certification of an exclusive bargaining 4
representative for the employer's employees, the employer has the 5
duty to engage in collective bargaining with the exclusive bargaining 6
representative before changing any wages, hours, or working 7
conditions of the represented employees. Any allegation by the 8
exclusive bargaining representative that the employer has made a 9
unilateral change in wages, hours, and working conditions may be 10
presented for resolution to an arbitrator mutually selected and 11
compensated by the parties, or by application of the exclusive 12
bargaining representative to the commission for provision of the 13
arbitrator. 14
(3) Should a collective bargaining agreement between the 15
exclusive bargaining representative and the employer expire, its 16
provisions, except any prohibition on strikes or lockouts, continue 17
in force until renegotiated. During the agreement's hiatus, any 18
allegation by the exclusive bargaining representative that the 19
employer has made a unilateral change in wages or economic benefits 20
may be presented for resolution to an arbitrator mutually selected 21
and compensated, or by application of the exclusive bargaining 22
representative to the commission for provision of the arbitrator.23
(4) Upon the failure of the employer and the exclusive bargaining 24
representative to conclude a collective bargaining agreement within 25
six months of certification of the exclusive bargaining 26
representative or within six months of the expiration of the last 27
collective bargaining agreement, all matters remaining in dispute 28
must be submitted by the parties to the commission for resolution 29
through its interest arbitration procedures. 30
NEW SECTION. Sec. 15. (1) If an agreement through collective 31
bargaining has not been reached within six months of certification, 32
or within six months of the expiration of the last collective 33
bargaining agreement, the parties may agree in writing to continue to 34
bargain for an additional month. Thereafter, they may agree in 35
writing to continue bargaining on a month-to-month basis. If the 36
parties have not entered a written agreement to extend bargaining, or 37
final agreement to extend bargaining has expired, the parties must 38
submit their dispute to interest arbitration. Each party must submit 39
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that party's last and final proposals upon which there exists an 1
impasse. All impasse items must be submitted to arbitration. The 2
arbitrator or arbitration panel is empowered to review the parties' 3
final proposals and to consider mediator findings, if any, and to 4
issue a decision on the submitted items along with the previously 5
agreed items, such that a complete agreement is imposed through the 6
arbitration. The arbitrator or arbitration panel is also empowered to 7
consider evidence submitted by the parties concerning factors such as 8
the employer's ability to meet the costs of a contract, employee 9
compensation at comparable employers, and cost of living in the 10
relevant geographic area in their decision-making process.11
(2)(a) If the parties cannot agree on the arbitrator or 12
arbitration panel within five days of the expiration of the six-month 13
period following certification or expiration of the previous 14
agreement, or of the expiration of the final written extension of 15
bargaining, the parties must apply to the commission or, if both 16
parties agree, to the American arbitration association to provide a 17
list of five qualified arbitrators from which the arbitrator must be 18
chosen. 19
(b) Each party must pay the fees and expenses of the arbitrator 20
or arbitration panel, and the fees and expenses of the neutral chair 21
must be shared equally between the parties. 22
(3) In consultation with the parties, the arbitrator or 23
arbitration panel shall promptly establish a date, time, and place 24
for a hearing which may be no later than two months following the 25
appointment of the arbitrator. The arbitrator or arbitration panel 26
shall provide reasonable notice thereof to the parties to the 27
dispute. The parties must exchange final positions in writing, with 28
copies to the arbitrator or arbitration panel, with respect to every 29
issue to be arbitrated, on a date mutually agreed upon, but in no 30
event later than 10 working days before the date set for hearing. A 31
hearing must be held, and each party must have the opportunity to 32
present evidence and make arguments. The rules of evidence prevailing 33
in judicial proceedings may be considered, but are not binding, and 34
any oral testimony or documentary evidence or other data deemed 35
relevant by the chair of the arbitration panel may be received in 36
evidence. A recording of the proceedings must be taken. The 37
arbitrator or arbitration panel has the power to administer oaths, 38
require the attendance of witnesses, and require the production of 39
such books, papers, contracts, agreements, and documents as may be 40
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deemed by the arbitrator to be material to a just determination of 1
the issues in dispute. If any person refuses to obey a subpoena 2
issued by the arbitrator or arbitration panel, or refuses to be sworn 3
or to make an affirmation to testify, or any witness, party, or 4
attorney for a party is guilty of any contempt while in attendance at 5
any hearing held hereunder, the arbitrator may invoke the 6
jurisdiction of the superior court in the county where the labor 7
dispute exists, and the court has jurisdiction to issue an 8
appropriate order. Any failure to obey the order may be punished by 9
the court as a contempt thereof. 10
(4) Within 30 days following the conclusion of the hearing, the 11
arbitrator or arbitration panel shall make written findings of fact 12
and a written determination of the issues in dispute, based on the 13
evidence presented. A copy thereof must be served on each of the 14
parties to the dispute. That determination is final and binding upon 15
both parties, subject to review by the superior court upon the 16
application of either party. 17
(5) The superior court's scope of review is limited to whether:18
(a) The arbitrator or arbitration panel acted without, or in 19
excess of, their powers; 20
(b) The arbitration has proceeded in the manner required by law;21
(c) The order or decision of the arbitrator or arbitration panel 22
was procured by fraud or was an abuse of discretion;23
(d) The decision of the arbitrator or arbitration panel was 24
arbitrary or capricious; and 25
(e) The arbitrator or arbitration panel's decision violated 26
either of the parties' constitutional or statutory rights.27
NEW SECTION. Sec. 16. (1) In addition to any contractually 28
agreed method for selecting arbitrators, the parties may mutually 29
request the commission to, and the commission shall, appoint a 30
qualified person who may be an employee of the commission to act as 31
an arbitrator to assist in the resolution of a labor dispute between 32
an employer and an exclusive bargaining representative arising from 33
the application of the matters contained in a collective bargaining 34
agreement. The arbitrator shall conduct such arbitration of such 35
dispute in a manner as provided for in the collective bargaining 36
agreement.37
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(2) The commission may not collect any fees or charges from such 1
employer or such exclusive bargaining representative for services 2
performed by the commission under the provisions of this chapter.3
(3) The provisions of chapter 49.08 RCW do not apply to this 4
chapter. 5
NEW SECTION. Sec. 17. Nothing in this chapter, except as 6
specifically provided for herein, interferes with, impedes, or 7
diminishes in any way the right to strike. However, a labor 8
organization, before engaging in any strike or other concerted 9
refusal to work at any health care institution shall, not less than 10
10 days prior to such action, notify the institution in writing and 11
the commission of that intention. The notice must state the date and 12
time that such action will commence.13
NEW SECTION. Sec. 18. An employer engaged primarily in the 14
building and construction industry may make an agreement covering 15
employees engaged, or who upon their employment will be engaged in 16
the building and construction industry, with a labor organization of 17
which building and construction employees are members, 18
notwithstanding that:19
(1) The majority status of such labor organization has not been 20
established under the provisions of this chapter prior to the making 21
of such agreement; 22
(2) The agreement requires the employer to notify the labor 23
organization of opportunities for employment with such employer, or 24
gives the labor organization an opportunity to refer qualified 25
applicants for such employment; or 26
(3) The agreement specifies minimum training or experience 27
qualifications for employment or provides for priority in 28
opportunities for employment based upon length of services with such 29
employer, in the industry or in the particular geographical area.30
NEW SECTION. Sec. 19. The commission shall promulgate, revise, 31
or rescind such rules and regulations as it deems necessary or 32
appropriate to administer the provisions of this chapter in 33
conformity with the intent and purpose of this chapter and consistent 34
with the best standards of labor-management relations.35
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NEW SECTION. Sec. 20. Actions taken by or on behalf of the 1
commission must be pursuant to chapter 34.05 RCW, or rules adopted in 2
accordance with chapter 34.05 RCW, and the right of judicial review 3
provided by chapter 34.05 RCW is applicable to all such actions and 4
rules. However, if a conflict exists between this chapter and 34.05 5
RCW, this chapter governs.6
Sec. 21. RCW 49.32.020 and 2010 c 8 s 12028 are each amended to 7
read as follows: 8
(1) In the interpretation of this chapter and in determining the 9
jurisdiction and authority of the courts of the state of Washington, 10
as such jurisdiction and authority are herein defined and limited, 11
the public policy of the state of Washington is hereby declared as 12
follows: 13
WHEREAS, Under prevailing economic conditions, developed with the 14
aid of governmental authority for owners of property to organize in 15
the corporate and other forms of ownership association, the 16
individual unorganized worker is commonly helpless to exercise actual 17
liberty of contract and to protect his or her freedom of labor, and 18
thereby to obtain acceptable terms and conditions of employment, 19
wherefore, though he or she should be free to decline to associate 20
with his or her fellows, it is necessary that he or she have full 21
freedom of association, self-organization, and designation of 22
representatives of his or her own choosing, to negotiate the terms 23
and conditions of his or her employment, and that he or she shall be 24
free from interference, restraint, or coercion of employers of labor, 25
or their agents, in the designation of such representatives or in 26
self-organization or in other concerted activities for the purpose of 27
collective bargaining or other mutual aid or protections; therefore, 28
the following definitions of, and limitations upon, the jurisdiction 29
and authority of the courts of the state of Washington are hereby 30
enacted. 31
(2) The public employment relations commission has concurrent 32
jurisdiction to prevent and to remedy any violation of the rights set 33
forth in subsection (1) of this section.34
Sec. 22. RCW 5.60.060 and 2025 c 346 s 3 are each amended to 35
read as follows: 36
(1) A spouse or domestic partner shall not be examined for or 37
against his or her spouse or domestic partner, without the consent of 38
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the spouse or domestic partner; nor can either during marriage or 1
during the domestic partnership or afterward, be without the consent 2
of the other, examined as to any communication made by one to the 3
other during the marriage or the domestic partnership. But this 4
exception shall not apply to a civil action or proceeding by one 5
against the other, nor to a criminal action or proceeding for a crime 6
committed by one against the other, nor to a criminal action or 7
proceeding against a spouse or domestic partner if the marriage or 8
the domestic partnership occurred subsequent to the filing of formal 9
charges against the defendant, nor to a criminal action or proceeding 10
for a crime committed by said spouse or domestic partner against any 11
child of whom said spouse or domestic partner is the parent or 12
guardian, nor to a proceeding under chapter 71.05 or 71.09 RCW: 13
PROVIDED, That the spouse or the domestic partner of a person sought 14
to be detained under chapter 71.05 or 71.09 RCW may not be compelled 15
to testify and shall be so informed by the court prior to being 16
called as a witness. 17
(2)(a) An attorney or counselor shall not, without the consent of 18
his or her client, be examined as to any communication made by the 19
client to him or her, or his or her advice given thereon in the 20
course of professional employment. 21
(b) A parent or guardian of a minor child arrested on a criminal 22
charge may not be examined as to a communication between the child 23
and his or her attorney if the communication was made in the presence 24
of the parent or guardian. This privilege does not extend to 25
communications made prior to the arrest. 26
(3) A member of the clergy, a Christian Science practitioner 27
listed in the Christian Science Journal, or a priest shall not, 28
without the consent of a person making the confession or sacred 29
confidence, be examined as to any confession or sacred confidence 30
made to him or her in his or her professional character, in the 31
course of discipline enjoined by the church to which he or she 32
belongs. 33
(4) Subject to the limitations under RCW 71.05.217 (6) and (7), a 34
physician or surgeon or osteopathic physician or surgeon or podiatric 35
physician or surgeon shall not, without the consent of his or her 36
patient, be examined in a civil action as to any information acquired 37
in attending such patient, which was necessary to enable him or her 38
to prescribe or act for the patient, except as follows:39
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(a) In any judicial proceedings regarding a child's injury, 1
neglect, or sexual abuse or the cause thereof; and 2
(b) Ninety days after filing an action for personal injuries or 3
wrongful death, the claimant shall be deemed to waive the physician-4
patient privilege. Waiver of the physician-patient privilege for any 5
one physician or condition constitutes a waiver of the privilege as 6
to all physicians or conditions, subject to such limitations as a 7
court may impose pursuant to court rules. 8
(5) A public officer shall not be examined as a witness as to 9
communications made to him or her in official confidence, when the 10
public interest would suffer by the disclosure. 11
(6)(a) A peer supporter shall not, without consent of the peer 12
support services recipient making the communication, be compelled to 13
testify about any communication made to the peer supporter by the 14
peer support services recipient while receiving individual or group 15
services. The peer supporter must be designated as such by their 16
employing agency prior to providing peer support services. The 17
privilege only applies when the communication was made to the peer 18
supporter while acting in his or her capacity as a peer supporter. 19
The privilege applies regardless of whether the peer support services 20
recipient is an employee of the same agency as the peer supporter. 21
Peer support services may be coordinated or designated among first 22
responder agencies pursuant to chapter 10.93 RCW, interlocal 23
agreement, or other similar provision, provided however that a 24
written agreement is not required for the privilege to apply. The 25
privilege does not apply if the peer supporter was an initial 26
responding first responder, department of corrections staff person, 27
or jail staff person; a witness; or a party to the incident which 28
prompted the delivery of peer support services to the peer support 29
services recipient. 30
(b) For purposes of this section: 31
(i) "First responder" means: 32
(A) A law enforcement officer; 33
(B) A limited authority law enforcement officer;34
(C) A firefighter; 35
(D) An emergency services dispatcher or recordkeeper;36
(E) Emergency medical personnel, as licensed or certified by this 37
state; 38
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(F) A member or former member of the Washington national guard 1
acting in an emergency response capacity pursuant to chapter 38.52 2
RCW; 3
(G) A coroner or medical examiner, or a coroner's or medical 4
examiner's agent or employee; or 5
(H) An individual engaged in co-response services, as defined in 6
RCW 71.24.025. 7
(ii) "Law enforcement officer" means a general authority 8
Washington peace officer as defined in RCW 10.93.020.9
(iii) "Limited authority law enforcement officer" means a limited 10
authority Washington peace officer as defined in RCW 10.93.020 who is 11
employed by the department of corrections, state parks and recreation 12
commission, department of natural resources, liquor and cannabis 13
board, or Washington state gambling commission. 14
(iv) "Peer support services recipient" means: 15
(A) A first responder; 16
(B) A department of corrections staff person; or17
(C) A jail staff person. 18
(v) "Peer supporter" means: 19
(A) A first responder, retired first responder, department of 20
corrections staff person, or jail staff person or a civilian employee 21
of a first responder entity or agency, local jail, or state agency 22
who has received training to provide emotional and moral support and 23
services to a peer support services recipient who needs those 24
services as a result of an incident or incidents in which the peer 25
support services recipient was involved while acting in his or her 26
official capacity or to deal with other stress that is impacting the 27
peer support services recipient's performance of official duties; or28
(B) A nonemployee who has been designated by the first responder 29
entity or agency, local jail, statewide organization focused on co-30
response outreach, or state agency to provide emotional and moral 31
support and counseling to a peer support services recipient who needs 32
those services as a result of an incident or incidents in which the 33
peer support services recipient was involved while acting in his or 34
her official capacity. 35
(7) A sexual assault advocate may not, without the consent of the 36
victim, be examined as to any communication made between the victim 37
and the sexual assault advocate. 38
(a) For purposes of this section, "sexual assault advocate" means 39
the employee or volunteer from a community sexual assault program or 40
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underserved populations provider, victim assistance unit, program, or 1
association, that provides information, medical or legal advocacy, 2
counseling, or support to victims of sexual assault, who is 3
designated by the victim to accompany the victim to the hospital or 4
other health care facility and to proceedings concerning the alleged 5
assault, including police and prosecution interviews and court 6
proceedings. 7
(b) A sexual assault advocate may disclose a confidential 8
communication without the consent of the victim if failure to 9
disclose is likely to result in a clear, imminent risk of serious 10
physical injury or death of the victim or another person. Any sexual 11
assault advocate participating in good faith in the disclosing of 12
records and communications under this section shall have immunity 13
from any liability, civil, criminal, or otherwise, that might result 14
from the action. In any proceeding, civil or criminal, arising out of 15
a disclosure under this section, the good faith of the sexual assault 16
advocate who disclosed the confidential communication shall be 17
presumed. 18
(8) A domestic violence advocate may not, without the consent of 19
the victim, be examined as to any communication between the victim 20
and the domestic violence advocate. 21
(a) For purposes of this section, "domestic violence advocate" 22
means an employee or supervised volunteer from a community -based 23
domestic violence program or human services program that provides 24
information, advocacy, counseling, crisis intervention, emergency 25
shelter, or support to victims of domestic violence and who is not 26
employed by, or under the direct supervision of, a law enforcement 27
agency, a prosecutor's office, or the child protective services 28
section of the department of children, youth, and families as defined 29
in RCW 26.44.020. 30
(b) A domestic violence advocate may disclose a confidential 31
communication without the consent of the victim if failure to 32
disclose is likely to result in a clear, imminent risk of serious 33
physical injury or death of the victim or another person. This 34
section does not relieve a domestic violence advocate from the 35
requirement to report or cause to be reported an incident under RCW 36
26.44.030(1) or to disclose relevant records relating to a child as 37
required by RCW 26.44.030(15). Any domestic violence advocate 38
participating in good faith in the disclosing of communications under 39
this subsection is immune from liability, civil, criminal, or 40
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otherwise, that might result from the action. In any proceeding, 1
civil or criminal, arising out of a disclosure under this subsection, 2
the good faith of the domestic violence advocate who disclosed the 3
confidential communication shall be presumed. 4
(9) A mental health counselor, independent clinical social 5
worker, or marriage and family therapist licensed under chapter 6
18.225 RCW may not disclose, or be compelled to testify about, any 7
information acquired from persons consulting the individual in a 8
professional capacity when the information was necessary to enable 9
the individual to render professional services to those persons 10
except: 11
(a) With the written authorization of that person or, in the case 12
of death or disability, the person's personal representative;13
(b) If the person waives the privilege by bringing charges 14
against the mental health counselor licensed under chapter 18.225 15
RCW; 16
(c) In response to a subpoena from the secretary of health. The 17
secretary may subpoena only records related to a complaint or report 18
under RCW 18.130.050; 19
(d) As required under chapter 26.44 or 74.34 RCW or RCW 71.05.217 20
(6) or (7); or 21
(e) To any individual if the mental health counselor, independent 22
clinical social worker, or marriage and family therapist licensed 23
under chapter 18.225 RCW reasonably believes that disclosure will 24
avoid or minimize an imminent danger to the health or safety of the 25
individual or any other individual; however, there is no obligation 26
on the part of the provider to so disclose. 27
(10) An individual who acts as a sponsor providing guidance, 28
emotional support, and counseling in an individualized manner to a 29
person participating in an alcohol or drug addiction recovery 30
fellowship may not testify in any civil action or proceeding about 31
any communication made by the person participating in the addiction 32
recovery fellowship to the individual who acts as a sponsor except 33
with the written authorization of that person or, in the case of 34
death or disability, the person's personal representative.35
(11)(a) Neither a union representative nor an employee the union 36
represents or has represented shall be examined as to, or be required 37
to disclose, any communication between an employee and union 38
representative or between union representatives made in the course of 39
union representation except: 40
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(i) To the extent such examination or disclosure appears 1
necessary to prevent the commission of a crime that is likely to 2
result in a clear, imminent risk of serious physical injury or death 3
of a person; 4
(ii) In actions, civil or criminal, in which the represented 5
employee is accused of a crime or assault or battery;6
(iii) In actions, civil or criminal, where a union member is a 7
party to the action, the union member may obtain a copy of any 8
statement previously given by that union member concerning the 9
subject matter of the action and may elicit testimony concerning such 10
statements. The right of the union member to obtain such statements, 11
or the union member's possession of such statements, does not render 12
them discoverable over the objection of the union member;13
(iv) In actions, regulatory, civil, or criminal, against the 14
union or its affiliated, subordinate, or parent bodies or their 15
agents; or 16
(v) When an admission of, or intent to engage in, criminal 17
conduct is revealed by the represented union member to the union 18
representative. 19
(b) The privilege created in this subsection (11) does not apply 20
to any record of communications that would otherwise be subject to 21
disclosure under chapter 42.56 RCW. 22
(c) The privilege created in this subsection (11) may not 23
interfere with an employee's or union representative's applicable 24
statutory mandatory reporting requirements, including but not limited 25
to duties to report in chapters 26.44, 43.101, and 74.34 RCW.26
(d) For purposes of this subsection: 27
(i) "Employee" means a person represented by a certified or 28
recognized union regardless of whether the employee is a member of 29
the union. 30
(ii) "Union" means any lawful organization that has as one of its 31
primary purposes the representation of employees in their employment 32
relations with employers, including without limitation labor 33
organizations defined by 29 U.S.C. Sec. 152 (5) and 5 U.S.C. Sec. 34
7103(a)(4), representatives defined by 45 U.S.C. Sec. 151, and 35
bargaining representatives defined in RCW 41.56.030, and employee 36
organizations as defined in RCW 28B.52.020, 41.59.020, 41.80.005, 37
41.76.005, 47.64.011, and 53.18.010, and bargaining representatives 38
as defined in section 3 of this act. 39
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(iii) "Union representation" means action by a union on behalf of 1
one or more employees it represents in regard to their employment 2
relations with employers, including personnel matters, grievances, 3
labor disputes, wages, rates of pay, hours of employment, conditions 4
of work, or collective bargaining. 5
(iv) "Union representative" means a person authorized by a union 6
to act for the union in regard to union representation.7
(v) "Communication" includes any oral, written, or electronic 8
communication or document containing such communication.9
NEW SECTION. Sec. 23. Sections 1 through 20 of this act 10
constitute a new chapter in Title 49 RCW.11
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