Public employee bargaining

AN ACT Relating to public employee collective bargaining 1
processes; amending RCW 41.56.050; adding new sections to chapter 2
41.58 RCW; and adding a new section to chapter 49.36 RCW.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 41.58 5
RCW to read as follows: 6
(1) For any new organizing petition to form a new bargaining unit 7
of currently unrepresented workers or to add unrepresented workers to 8
an existing bargaining unit, regardless of whether the election is by 9
mail ballot or cross-check, the public employment relations 10
commission must: 11
(a) Require employers and employee organizations to submit an 12
offer of proof on challenged employees, either concurrent with the 13
employer's submission of a list of employees or at a date determined 14
by the commission after a showing of interest; and15
(b) Enforce a 10 calendar day deadline for employers to provide 16
the required names and addresses of employees. If an employer misses 17
the deadline, the commission may presume that the employees have met 18
the applicable threshold for a showing of interest. An employer who 19
has missed the deadline has until 14 calendar days prior to an 20
election to show that the applicable threshold was not met, and the 21
S-0731.2
SENATE BILL 5503
State of Washington 69th Legislature 2025 Regular Session
By Senators Valdez, Alvarado, Bateman, Conway, Hasegawa, Nobles, and
Saldaña
Read first time 01/27/25. Referred to Committee on Labor & Commerce.
p. 1 SB 5503
burden of proof is on the employer to show that the applicable 1
threshold was not met. 2
(2) If an employee organization files a petition to represent a 3
unit of currently unrepresented employees, and the commission 4
determines the petitioned-for unit is inappropriate, but that the 5
bargaining unit would be appropriate if it included employees 6
currently represented by another employee organization, the 7
commission must determine whether the bargaining unit currently 8
represented by the other employee organization is an appropriate 9
bargaining unit and: 10
(a) If the commission determines the bargaining unit represented 11
by the other employee organization is appropriate, the commission 12
must dismiss the petition; or 13
(b) If the commission determines the bargaining unit represented 14
by the other employee organization is inappropriate, the commission 15
must determine the new bargaining unit and hold an election.16
NEW SECTION. Sec. 2. A new section is added to chapter 41.58 17
RCW to read as follows: 18
(1) The commission's hearing officers may: 19
(a) Set a hearing date without consent from the involved parties 20
so long as the involved parties may submit motions to move the 21
hearing date; and 22
(b) Draw an adverse inference from the refusal of a party to 23
comply with subpoenas issued by the commission or hearing officer, 24
subject to subsection (2) of this section. 25
(2) If a union invokes privilege under RCW 5.60.060(11) and 26
49.36.040 when refusing to comply with a subpoena request, the 27
commission or hearing officer may not draw an adverse inference from 28
the union's refusal to comply. When a union invokes such privilege, a 29
hearing examiner must conduct an in camera review to determine if the 30
records are privileged. 31
Sec. 3. RCW 41.56.050 and 2011 c 222 s 1 are each amended to 32
read as follows: 33
(1) In the event that a public employer and public employees are 34
in disagreement as to the selection of a bargaining representative, 35
the commission shall be invited to intervene as is provided in RCW 36
41.56.060 through 41.56.090. 37
p. 2 SB 5503
(2) ((In the event that a public employer and a bargaining 1
representative are in disagreement as to the merger of two or more 2
bargaining units in the employer's workforce that are represented by 3
the same bargaining representative, the commission shall be invited 4
to intervene as is provided in RCW 41.56.060 through 41.56.090.)) If 5
a single employee organization is the exclusive bargaining 6
representative for two or more units, upon petition by the employee 7
organization, the units may be consolidated into a single larger unit 8
if the commission considers the larger unit to be appropriate. If 9
consolidation is appropriate, the commission shall certify the 10
employee organization as the exclusive bargaining representative of 11
the new unit.12
NEW SECTION. Sec. 4. A new section is added to chapter 49.36 13
RCW to read as follows: 14
(1) A public employer may not require a worker to waive any 15
statutory right to make a claim arising out of state or federal law 16
as a condition of settling a grievance under a collective bargaining 17
agreement. 18
(2) "Public employer" has the same meaning as in RCW 49.44.170.19
--- END ---
p. 3 SB 5503