Title 41 — Title 41 PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
37 chapters · 1,408 sections in this title.
RCW 41.59.010 Purpose.
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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 m…
RCW 41.59.020 Definitions.
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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…
RCW 41.59.031 Application of chapter to charter schools.
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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, educat…
RCW 41.59.060 Employee rights enumerated—Employee authorization of membership dues and other payments—Revocation.
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(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 o…
RCW 41.59.068 Application of RCW 41.56.067—Bargaining representative access to new employees.
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*RCW 41.56.067 applies to this chapter.[ 2018 c 250 s 3.]Notes:*Reviser's note: This RCW reference has been corrected to reflect the reorganization of chapter 41.56 RCW by 2025 c 290 s 2.
RCW 41.59.070 Election to ascertain exclusive bargaining representative, when—Runoff election—Decertification election.
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(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 barga…
RCW 41.59.080 Determination of bargaining unit—Standards.
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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 …
RCW 41.59.090 Certification of exclusive bargaining representative—Scope of representation.
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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 regar…
RCW 41.59.105 School district collective bargaining agreements.
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(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 consist…
RCW 41.59.106 Rights of employees and bargaining representatives of school districts dissolved due to financial insolvency.
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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 pro…
RCW 41.59.110 Commission, rules and regulations of—Federal precedents as standard.
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(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 inten…
RCW 41.59.120 Resolving impasses in collective bargaining—Mediation—Fact-finding with recommendations—Other.
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(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 resolvin…
RCW 41.59.130 Binding arbitration procedures authorized.
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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.[ 1975 1st ex.s. c …
RCW 41.59.140 Unfair labor practices for employer, employee organization, enumerated.
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(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 fin…
RCW 41.59.150 Commission to prevent unfair labor practices—Scope.
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(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…
RCW 41.59.160 Applicability of administrative procedure act provisions to commission action.
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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.[ 197…
RCW 41.59.170 Effective date of certain agreements—Increased benefits during agreement authorized, when.
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(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,…
RCW 41.59.180 Employees in specialized job category—Exclusion.
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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 …
RCW 41.59.190 Certain communications—Privilege from examination and disclosure.
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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.[ 2023 c 202 s 5.]Notes:Findings—2023 c 202: See note following RCW 5.60.060.
RCW 41.59.200 Information to be provided to exclusive bargaining representative by employer.
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*RCW 41.56.065 applies to this chapter.[ 2023 c 204 s 2.]Notes:*Reviser's note: This RCW reference has been corrected to reflect the reorganization of chapter 41.56 RCW by 2025 c 290 s 2.
RCW 41.59.900 Short title.
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This chapter may be cited as the educational employment relations act.[ 1975 1st ex.s. c 288 s 1.]
RCW 41.59.910 Construction of chapter—Effect on existing agreements—Collective bargaining agreement prevails where conflict.
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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…
RCW 41.59.920 Construction of chapter—Employee's rights preserved.
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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.[ 1975 1st ex.s. c 288 s 20.]
RCW 41.59.930 Construction of chapter—Employer's responsibilities and rights preserved.
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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.[ 1975 1st ex.s…
RCW 41.59.935 Construction of chapter—Certain agreements subject to RCW 28A.150.410, 28A.400.200, and 28A.150.276.
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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 a…
RCW 41.59.936 Construction of chapter—Certain agreements subject to RCW 28A.405.470.
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Nothing in this chapter may be construed to grant employers or employees the right to reach agreements that are in conflict with the termination provisions of RCW 28A.405.470.[ 2009 c 396 s 10.]
RCW 41.59.937 Collective bargaining agreements not altered or impaired—Compliance with chapter—2017 3rd sp.s. c 13.
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Nothing in chapter 13, Laws of 2017 3rd sp. sess. is intended to alter or impair school district collective bargaining agreements that are in effect on October 19, 2017. Any school district collective bargaining agreement executed or modified after October 19, 2017, must comply w…
RCW 41.59.940 Effective date—1975 1st ex.s. c 288.
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Except for RCW 41.59.040, 41.59.050, 41.59.110 and 41.59.160 which shall take effect ninety days following enactment hereof, this chapter and RCW * 28A.150.060 and 28A.405.100 as amended by chapter 288, Laws of 1975 1st ex. sess. shall take effect on January 1, 1976. Where the te…