Ag. cannabis workers

AN ACT Relating to placing certain agricultural workers who are 1
engaged in cultivating, growing, harvesting, or producing cannabis 2
under the jurisdiction of the public employment relations commission 3
for purposes of collective bargaining; and adding a new chapter to 4
Title 49 RCW. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The definitions in this section apply 7
throughout this chapter unless the context clearly requires 8
otherwise.9
(1) "Bargaining representative" means any lawful organization 10
that represents employees in their employment relations with their 11
employers. 12
(2) "Collective bargaining" means the performance of the mutual 13
obligations of the employer and the exclusive bargaining 14
representative to meet at reasonable times, to confer and negotiate 15
in good faith, and to execute a written agreement with respect to 16
grievance procedures and collective negotiations on personnel 17
matters, including wages, hours, and working conditions, which may be 18
peculiar to an appropriate bargaining unit of such employer, except 19
that by such obligation neither party may be compelled to agree to a 20
S-0075.1
SENATE BILL 5468
State of Washington 69th Legislature 2025 Regular Session
By Senators Stanford, Conway, Saldaña, Dhingra, Hasegawa, Frame,
Nobles, and C. Wilson
Read first time 01/23/25. Referred to Committee on Labor & Commerce.
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proposal or be required to make a concession unless otherwise 1
provided in this chapter. 2
(3) "Commission" means the public employment relations commission 3
created in RCW 41.58.010. 4
(4)(a) "Employee" means any person who is employed by an employer 5
to perform the work of cultivating, growing, harvesting, or producing 6
cannabis, including defoliating, drying, bucking, precuring, curing, 7
drying, trimming, sorting, and loading, if performed on a farm.8
(b) "Employee" does not include any person having authority, in 9
the interest of the employer, to hire, transfer, suspend, lay off, 10
recall, promote, discharge, assign, reward, or discipline other 11
employees, or responsibly to direct them, or to adjust their 12
grievances, or effectively to recommend such action, if in connection 13
with the foregoing the exercise of such authority is not of a merely 14
routine or clerical nature, but requires the use of independent 15
judgment. 16
(5)(a) "Employer" means an employer that is operating pursuant to 17
a cannabis producer's license issued under RCW 69.50.325(1), or a 18
cannabis processor's license issued under RCW 69.50.325(2) if the 19
licensed premises is collocated on a farm licensed for cannabis 20
production. "Employer" also includes any person acting as an agent of 21
an employer, directly or indirectly. 22
(b) In determining whether any person is acting as an agent of 23
another person to make such other person responsible for their acts, 24
the question of whether the specific acts performed were actually 25
authorized or subsequently ratified is not controlling.26
(6) "Executive director" means the executive director of the 27
commission. 28
(7) "Labor dispute" includes any controversy concerning terms, 29
tenure, or conditions of employment, or concerning the association of 30
representation of persons in negotiating, fixing, maintaining, 31
changing, or seeking to arrange terms or conditions of employment, 32
regardless of whether the disputants stand in the proximate relation 33
of employer and employee. In the event of a dispute between an 34
employer and an exclusive bargaining representative over the matters 35
that are terms and conditions of employment, the commission shall 36
decide which items are mandatory subjects for bargaining.37
(8) "Labor organization" means an organization of any kind, or an 38
agency or employee representation committee or plan, in which 39
employees participate and which exists for the primary purpose of 40
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dealing with employers concerning grievances, labor disputes, wages, 1
rates of pay, hours of employment, or conditions of employment.2
(9) "Person" includes one or more individuals, labor 3
organizations, partnerships, associations, corporations, legal 4
representatives, trustees in bankruptcy, or receivers.5
(10) "Unfair labor practice" means any activity listed in 6
sections 15 and 16 of this act. 7
NEW SECTION. Sec. 2. No employer or other person may directly 8
or indirectly interfere with, restrain, coerce, or discriminate 9
against any employees or group of employees in the free exercise of 10
their right to organize and designate bargaining representatives of 11
their own choosing for the purpose of collective bargaining, or in 12
the free exercise of any other right under this chapter.13
NEW SECTION. Sec. 3. If an employer and its employees are in 14
disagreement as to the selection of a bargaining representative, the 15
commission must be invited to intervene as is provided in sections 4 16
through 6 of this act.17
NEW SECTION. Sec. 4. (1)(a) The commission, upon reasonable 18
notice, shall decide in each application for certification as an 19
exclusive bargaining representative, the unit appropriate for the 20
purpose of collective bargaining.21
(b) In determining, modifying, or combining the bargaining unit, 22
the commission shall consider the duties, skills, and working 23
conditions of the employees; the history of collective bargaining by 24
the employees and their bargaining representatives; the extent of 25
organization among the employees; and the desire of the employees.26
(2) The commission shall determine the bargaining representative 27
by conducting an election after a showing of interest by employees, 28
as provided in section 5 of this act. 29
(3) If a single employee organization is the exclusive bargaining 30
representative for two or more units, upon petition by the employee 31
organization, the units may be consolidated into a single larger unit 32
if the commission considers the larger unit to be appropriate. If 33
consolidation is appropriate, the commission shall certify the 34
employee organization as the exclusive bargaining representative of 35
the new unit. 36
(4) No question concerning representation may be raised if:37
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(a) Fewer than 12 months have elapsed since the last 1
certification or election; or 2
(b) A valid collective bargaining agreement is in effect, except 3
for that period of no more than 90 calendar days nor less than 60 4
calendar days before the expiration of the agreement.5
NEW SECTION. Sec. 5. (1)(a) Upon request of a prospective 6
bargaining representative showing written proof of at least 30 7
percent of the employees within the unit, the commission shall hold 8
an election by ballot to determine the issue.9
(b) The ballot must contain the name of the bargaining 10
representative and of any other bargaining representative showing 11
written proof of at least 10 percent representation of the employees 12
within the unit, together with a choice for any employee to designate 13
that they desire to be represented by any bargaining representative.14
(c) Where more than one organization is on the ballot and neither 15
of the three or more choices receives a majority vote of valid 16
ballots cast, a runoff election must be held. The runoff ballot must 17
contain the two choices which received the largest and second largest 18
number of votes. 19
(2)(a) Upon request of a prospective bargaining representative 20
showing written proof of at least 50 percent of the employees within 21
a bargaining unit for which there is no incumbent exclusive 22
bargaining representative, the commission shall hold an election 23
through a cross-check process to determine the issue.24
(b) The commission must compare the employee organization's 25
membership records or bargaining authorization cards against the 26
employment records of the employer. 27
NEW SECTION. Sec. 6. (1) The bargaining representative that has 28
been determined to represent a majority of the employees in a 29
bargaining unit must be certified by the commission as the exclusive 30
bargaining representative of, and must represent, all the employees 31
within the unit without regard to membership in the bargaining 32
representative.33
(2) An employee at any time may present their grievance to the 34
employer and have such grievance adjusted without the intervention of 35
the exclusive bargaining representative, if the adjustment is not 36
inconsistent with the terms of a collective bargaining agreement then 37
in effect, and if the exclusive bargaining representative has been 38
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given reasonable opportunity to be present at any initial meeting 1
called for the resolution of the grievance. 2
NEW SECTION. Sec. 7. RCW 41.56.037 applies to this chapter.3
NEW SECTION. Sec. 8. If only one employee organization is 4
seeking certification as exclusive bargaining representative of a 5
bargaining unit for which there is no incumbent exclusive bargaining 6
representative, the commission may determine the question concerning 7
representation by conducting a cross-check comparing the employee 8
organization's membership records or bargaining authorization cards 9
against the employment records of the employer. A determination 10
through a cross-check process may be made upon a showing of interest 11
submitted in support of the exclusive bargaining representative by 12
more than 50 percent of the employees. The commission may adopt rules 13
to implement this section.14
NEW SECTION. Sec. 9. No employer may refuse to engage in 15
collective bargaining with the exclusive bargaining representative. 16
Upon the failure of the employer and the exclusive bargaining 17
representative to conclude a collective bargaining agreement, any 18
matter in dispute may be submitted by either party to the commission. 19
If an employer implements its last and best offer where there is no 20
contract settlement, allegations that either party is violating the 21
terms of the implemented offer are subject to grievance arbitration 22
procedures as such procedures are set forth in the parties' last 23
contract or, should no such contract exist, as set forth in the 24
implemented offer.25
NEW SECTION. Sec. 10. (1) Upon the authorization of an employee 26
within the bargaining unit and after the certification or recognition 27
of the bargaining unit's exclusive bargaining representative, the 28
employer must deduct from the payments to the employee the monthly 29
amount of dues as certified by the secretary of the exclusive 30
bargaining representative and must transmit the same to the treasurer 31
of the exclusive bargaining representative.32
(2)(a) An employee's written, electronic, or recorded voice 33
authorization to have the employer deduct membership dues from the 34
employee's salary must be made by the employee to the exclusive 35
bargaining representative. If the employer receives a request for 36
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authorization of deductions, the employer must forward the request to 1
the exclusive bargaining representative as soon as practicable.2
(b) Upon receiving notice of the employee's authorization from 3
the exclusive bargaining representative, the employer must deduct 4
from the employee's salary membership dues and remit the amounts to 5
the exclusive bargaining representative. 6
(c) The employee's authorization remains in effect until 7
expressly revoked by the employee in accordance with the terms and 8
conditions of the authorization. 9
(d) An employee's request to revoke authorization for payroll 10
deductions must be in writing and submitted by the employee to the 11
exclusive bargaining representative in accordance with the terms and 12
conditions of the authorization. 13
(e) After the employer receives confirmation from the exclusive 14
bargaining representative that the employee has revoked authorization 15
for deductions, the employer must end the deduction no later than the 16
second payroll after receipt of the confirmation. 17
(f) The employer must rely on information provided by the 18
exclusive bargaining representative regarding the authorization and 19
revocation of deductions. 20
(3) If the employer and the exclusive bargaining representative 21
of a bargaining unit enter into a collective bargaining agreement 22
that includes requirements for deductions of other payments, the 23
employer must make such deductions upon authorization of the 24
employee. 25
NEW SECTION. Sec. 11. A collective bargaining agreement may 26
provide for binding arbitration of a labor dispute arising from the 27
application or the interpretation of the matters contained in a 28
collective bargaining agreement.29
NEW SECTION. Sec. 12. (1) After the termination date of a 30
collective bargaining agreement, all the terms and conditions 31
specified in the collective bargaining agreement remain in effect 32
until the effective date of a subsequent agreement, not to exceed one 33
year from the termination date stated in the agreement. Thereafter, 34
the employer may unilaterally implement according to law.35
(2) This section does not apply to provisions of a collective 36
bargaining agreement which both parties agree to exclude from the 37
provisions of subsection (1) of this section and to provisions within 38
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the collective bargaining agreement with separate and specific 1
termination dates. 2
(3) This section does not apply to collective bargaining 3
agreements in effect or being bargained on the effective date of this 4
section. 5
NEW SECTION. Sec. 13. In addition to any other method for 6
selecting arbitrators, the parties may request the commission to 7
appoint a qualified person who may be an employee of the commission 8
to act as an arbitrator to assist in the resolution of a labor 9
dispute between the employer and the bargaining representative 10
arising from the application of the matters contained in a collective 11
bargaining agreement. The arbitrator must conduct the arbitration of 12
the dispute in a manner provided for in the collective bargaining 13
agreement. The commission may not collect any fees or charges from 14
the employer or the bargaining representative for services performed 15
by the commission under this chapter. The provisions of chapter 49.08 16
RCW do not apply to this chapter.17
NEW SECTION. Sec. 14. (1) If the employer has the information 18
in the employer's records, the employer must provide to the exclusive 19
bargaining representative the following information for each employee 20
in an appropriate bargaining unit:21
(a) The employee's name and date of hire; 22
(b) The employee's contact information, including: (i) Cellular, 23
home, and work telephone numbers; (ii) work and the most up-to-date 24
personal email addresses; and (iii) home address or personal mailing 25
address; and 26
(c) Employment information, including the employee's job title, 27
salary or rate of pay, and worksite location or duty station.28
(2) The employer must provide the information to the exclusive 29
bargaining representative in an editable digital file format:30
(a) Within 21 business days from the date of hire for a newly 31
hired employee in an appropriate bargaining unit; and32
(b) Every 120 business days for all employees in an appropriate 33
bargaining unit. 34
(3) When there is a state-level representative of the exclusive 35
bargaining representative for a bargaining unit, the employer may 36
provide the information to the state-level representative.37
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(4) The exclusive bargaining representative may use the 1
information provided under this section only for representation 2
purposes. This section does not give authority to any exclusive 3
bargaining representative to sell or provide access to lists of 4
employees or the information provided to the exclusive bargaining 5
representative pursuant to this section requested for commercial 6
purposes. 7
(5) If an employer fails to comply with this section, the 8
exclusive bargaining representative may bring a court action to 9
enforce compliance. The court may order the employer to pay costs and 10
reasonable attorneys' fees incurred by the exclusive bargaining 11
representative. 12
NEW SECTION. Sec. 15. It is an unfair labor practice for an 13
employer to:14
(1) Interfere with, restrain, or coerce employees in the exercise 15
of their rights guaranteed by this chapter; 16
(2) Control, dominate, or interfere with a bargaining 17
representative, or engage in or create the impression of surveillance 18
of activities protected by this chapter; 19
(3) Discriminate against an employee who has filed an unfair 20
labor practice charge or who has given testimony under this chapter; 21
or 22
(4) Refuse to engage in collective bargaining.23
NEW SECTION. Sec. 16. It is an unfair labor practice for a 24
bargaining representative to:25
(1) Interfere with, restrain, or coerce employees in the exercise 26
of their rights guaranteed by this chapter; 27
(2) Induce the employer to commit an unfair labor practice;28
(3) Discriminate against an employee who has filed an unfair 29
labor practice charge or who has given testimony under this chapter; 30
or 31
(4) Refuse to engage in collective bargaining.32
NEW SECTION. Sec. 17. (1) The commission must prevent unfair 33
labor practices and issue appropriate remedial orders. However, a 34
complaint may not be processed for an unfair labor practice occurring 35
more than six months before the filing of the complaint with the 36
commission or in superior court.37
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(2) If the commission determines that a person has engaged in or 1
is engaging in an unfair labor practice, the commission must issue 2
and serve upon the person an order requiring the person to cease and 3
desist from the unfair labor practice. The commission may take action 4
to carry out the purposes and policy of this chapter, including 5
requiring the person to pay damages and reinstate employees.6
(3) The commission may petition the superior court for the county 7
in which the main office of the employer is located or in which the 8
person who has engaged or is engaging in the unfair labor practice 9
resides or transacts business, for the enforcement of its order and 10
for appropriate temporary relief. 11
NEW SECTION. Sec. 18. The commission may adopt rules necessary 12
to administer this chapter in conformity with the intent and purpose 13
of this chapter and consistent with the best standards of labor-14
management relations.15
NEW SECTION. Sec. 19. Sections 1 through 18 of this act 16
constitute a new chapter in Title 49 RCW.17
NEW SECTION. Sec. 20. If any provision of this act or its 18
application to any person or circumstance is held invalid, the 19
remainder of the act or the application of the provision to other 20
persons or circumstances is not affected.21
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