Revised Code of Washington Chapter 41.59 — Educational Employment Relations Act

Washington · statute · Wash. Rev. Code ch. 41.59 · 28 active provisions

Wash. Rev. Code § 41.59.010

Purpose

It is the purpose of this chapter to prescribe certain rights and obligations of the educational employees of the school districts of the state of Washington, and to establish procedures governing the relationship between such employees and their employers which are designed to meet the special requirements and needs o…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.020

Definitions

As used in this chapter:(1) The term "employee organization" means any organization, union, association, agency, committee, council, or group of any kind in which employees participate, and which exists for the purpose, in whole or in part, of collective bargaining with employers.(2) The term "collective bargaining" or…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.031

Application of chapter to charter schools

This chapter applies to any charter school established under chapter 28A.710 RCW. Any bargaining unit or units established at the charter school must be limited to employees working in the charter school and must be separate from other bargaining units in school districts, educational service districts, or institutions…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.060

Employee rights enumerated—Employee authorization of membership dues and other payments—Revocation

(1) Employees shall have the right to self-organization, to form, join, or assist employee organizations, to bargain collectively through representatives of their own choosing, and shall also have the right to refrain from any or all of such activities.(2)(a) Upon authorization of an employee within the bargaining unit…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.068

Application of RCW 41.56.067—Bargaining representative access to new employees

RCW 41.56.067 applies to this chapter.

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.070

Election to ascertain exclusive bargaining representative, when—Runoff election—Decertification election

(1) Any employee organization may file a request with the commission for recognition as the exclusive representative. Such request shall allege that a majority of the employees in an appropriate collective bargaining unit wish to be represented for the purpose of collective bargaining by such organization, shall descri…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.080

Determination of bargaining unit—Standards

The commission, upon proper application for certification as an exclusive bargaining representative or upon petition for change of unit definition by the employer or any employee organization within the time limits specified in RCW 41.59.070(3), and after hearing upon reasonable notice, shall determine the unit appropr…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.090

Certification of exclusive bargaining representative—Scope of representation

The employee organization which has been determined to represent a majority of the employees in a bargaining unit shall be certified by the commission as the exclusive bargaining representative of, and shall be required to represent all the employees within the unit without regard to membership in that bargaining repre…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.105

School district collective bargaining agreements

(1) All collective bargaining agreements entered into between a school district employer and school district employees under this chapter after June 10, 2010, as well as bargaining agreements existing on June 10, 2010, but renewed or extended after June 10, 2010, shall be consistent with RCW 28A.657.050.(2) All collect…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.106

Rights of employees and bargaining representatives of school districts dissolved due to financial insolvency

Notwithstanding any other provision of this chapter, employees and bargaining representatives of school districts that are dissolved due to financial insolvency shall have resort to collective bargaining, including grievance arbitration and other processes, only to the extent provided by RCW 28A.315.229.

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.110

Commission, rules and regulations of—Federal precedents as standard

(1) The commission shall promulgate, revise, or rescind, in the manner prescribed by the administrative procedure act, chapter 34.05 RCW, such rules and regulations as it may deem necessary and appropriate to administer the provisions of this chapter, in conformity with the intent and purpose of this chapter, and consi…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.120

Resolving impasses in collective bargaining—Mediation—Fact-finding with recommendations—Other

(1) Either an employer or an exclusive bargaining representative may declare that an impasse has been reached between them in collective bargaining and may request the commission to appoint a mediator for the purpose of assisting them in reconciling their differences and resolving the controversy on terms which are mut…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.130

Binding arbitration procedures authorized

An employer and an exclusive bargaining representative who enter into a collective bargaining agreement may include in such agreement procedures for binding arbitration of such disputes as may arise involving the interpretation or application of such agreement.

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.140

Unfair labor practices for employer, employee organization, enumerated

(1) It shall be an unfair labor practice for an employer:(a) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in RCW 41.59.060;(b) To dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it: PROVIDED,…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.150

Commission to prevent unfair labor practices—Scope

(1) The commission is empowered to prevent any person from engaging in any unfair labor practice as defined in RCW 41.59.140: PROVIDED, That a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission or in superior court. This p…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.160

Applicability of administrative procedure act provisions to commission action

Actions taken by or on behalf of the commission shall be pursuant to chapter 34.05 RCW, or rules and regulations adopted in accordance therewith, and the right of judicial review provided by chapter 34.05 RCW shall be applicable to all such actions and rules and regulations.

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.170

Effective date of certain agreements—Increased benefits during agreement authorized, when

(1) Whenever a collective bargaining agreement between an employer and an exclusive bargaining representative is concluded after the termination date of the previous collective bargaining agreement between the employer and an employee organization representing the same employees, the effective date of such collective b…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.180

Employees in specialized job category—Exclusion

Notwithstanding the definition of "employee" in RCW 41.59.020, the commission may exclude from the coverage of chapter 288, Laws of 1975 1st ex. sess. any specialized job category of an employer where a majority of the persons employed in that job category consists of classified employees. At such time as a majority of…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.190

Certain communications—Privilege from examination and disclosure

The privilege established by RCW 5.60.060(11) shall apply to all employee organizations covered by this chapter and in all proceedings authorized by this chapter.

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.200

Information to be provided to exclusive bargaining representative by employer

RCW 41.56.065 applies to this chapter.

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.900

Short title

This chapter may be cited as the educational employment relations act.

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.910

Construction of chapter—Effect on existing agreements—Collective bargaining agreement prevails where conflict

This chapter shall supersede existing statutes not expressly repealed to the extent that there is a conflict between a provision of this chapter and those other statutes. Except as otherwise expressly provided herein, nothing in this chapter shall be construed to annul, modify or preclude the renewal or continuation of…

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.920

Construction of chapter—Employee's rights preserved

Except as otherwise expressly provided herein, nothing contained in this chapter shall be construed to deny or otherwise abridge any rights, privileges or benefits granted by law to employees.

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.930

Construction of chapter—Employer's responsibilities and rights preserved

Nothing in this chapter shall be construed to interfere with the responsibilities and rights of the employer as specified by federal and state law, including the employer's responsibilities to students, the public, and other constituent elements of the institution.

WashingtonEducational Employment Relations Acteffective

Wash. Rev. Code § 41.59.935

Construction of chapter—Certain agreements subject to RCW 28A.150.410, 28A.400.200, and 28A.150.276

Nothing in this chapter grants employers or employees the right to reach agreements regarding salary or compensation increases for the state's statutory program of basic education in excess of those authorized in accordance with RCW 28A.150.410 and 28A.400.200. School districts are authorized to reach agreements regard…

WashingtonEducational Employment Relations Acteffective

Page 1 of 2Next →