Title 41 — Title 41 PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
37 chapters · 1,408 sections in this title.
RCW 41.76.005 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Faculty governance system" means the internal organization that serves as the faculty advisory body and is charged with the responsibility for recommending policies, r…
RCW 41.76.010 Scope of bargaining.
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(1) Prohibited subjects of bargaining include but are not limited to the following:(a) Consideration of the merits, necessity, or organization of any service, activity, or program established by law or resolution of the employer, except for the terms and conditions of employment …
RCW 41.76.013 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 4.]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 41.76.015 Exclusive bargaining representatives—Duty of representation.
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The employee organization which has been determined by the commission to be the exclusive bargaining representative of a bargaining unit shall be required to represent all the faculty members within the bargaining unit without regard to membership in that employee organization: P…
RCW 41.76.020 Exclusive bargaining representatives—Procedures for certification—Cross-check—Elections.
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The commission shall certify exclusive bargaining representatives in accordance with the procedures specified in this section.(1) No question concerning representation may be raised within one year following issuance of a certification under this section.(2) If there is a valid c…
RCW 41.76.025 Bargaining unit determination—Hearings.
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In any dispute concerning membership in the bargaining unit or the allocation of employees or positions to a bargaining unit, the commission, after a hearing or hearings, shall determine the dispute.[ 2002 c 356 s 8.]
RCW 41.76.030 Settlement of unresolved matters—Role of commission—Mediation—Other procedures authorized.
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(1) The commission shall conduct mediation activities upon the request of either party as a means of assisting in the settlement of unresolved matters considered under this chapter.(2) If any matter being jointly considered by the exclusive bargaining representative and the board…
RCW 41.76.035 Provisions relating to compensation—Restrictions.
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(1) Except as provided in subsection (2) of this section, provisions of collective bargaining agreements relating to compensation shall not exceed the amount or percentage established by the legislature in the appropriations act. If any compensation provision is affected by subse…
RCW 41.76.040 Procedures for grievance arbitration—Subpoenas—Commission—Superior courts.
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A collective bargaining agreement negotiated under this chapter may include procedures for final and binding grievance arbitration of the disputes arising about the interpretation or application of the agreement.(1) The parties to a collective bargaining agreement may agree on on…
RCW 41.76.045 Employee authorization of membership dues and other payments—Revocation.
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(1)(a) Upon authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the s…
RCW 41.76.050 Unfair labor practices.
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(1) It is an unfair labor practice for an employer to:(a) Interfere with, restrain, or coerce faculty members in the exercise of the rights guaranteed by this chapter;(b) Dominate or interfere with the formation or administration of any employee organization or contribute financi…
RCW 41.76.055 Commission to prevent unfair labor practices—Scope—Remedies.
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(1) The commission is empowered to prevent any person from engaging in any unfair labor practice as defined in RCW 41.76.050: 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 41.76.060 Rule making.
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The commission is authorized from time to time to make, amend, and rescind, in the manner prescribed by the administrative procedure act, chapter 34.05 RCW, such rules and regulations as may be necessary to carry out the provisions of this chapter.[ 2002 c 356 s 15.]
RCW 41.76.065 Strikes and lockouts prohibited—Violations—Remedies.
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The right of faculty to engage in any strike is prohibited. The right of a board of regents or trustees to engage in any lockout is prohibited. Should either a strike or lockout occur, the representative of the faculty or board of regents or trustees may invoke the jurisdiction o…
RCW 41.76.070 Certain contracts or agreements—Chapter 34.05 RCW does not apply.
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Contracts or agreements, or any provision thereof, entered into between boards of regents or trustees and exclusive bargaining representatives pursuant to this chapter are not affected by or subject to chapter 34.05 RCW.[ 2002 c 356 s 17.]
RCW 41.76.075 Retroactive accrual of benefits and salaries.
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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 same parties, the effective date of the collective bargaining agreement ma…
RCW 41.76.080 Existing agreements not affected.
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Nothing in this chapter shall be construed to annul, modify, or preclude the renewal or continuation of any lawful agreement entered into before October 1, 2002, between an employer and an employee organization covering wages, hours, and terms and conditions of employment.[ 2002 …
RCW 41.76.085 Limitations on application of chapter.
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Except as otherwise expressly provided in this chapter, this chapter shall not be construed to deny or otherwise abridge any rights, privileges, or benefits granted by law to employees. This chapter shall not be construed to interfere with the responsibilities and rights of the b…
RCW 41.76.090 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 6.]Notes:Findings—2023 c 202: See note following RCW 5.60.060.
RCW 41.76.902 Effective date—2002 c 356.
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This act takes effect October 1, 2002.[ 2002 c 356 s 23.]
RCW 41.80.001 Application of chapter.
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Collective bargaining negotiations under this chapter shall commence no later than July 1, 2004. A collective bargaining agreement entered into under this chapter shall not be effective prior to July 1, 2005. However, any collective bargaining agreement entered into before July 1…
RCW 41.80.005 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Agency" means any agency as defined in RCW 41.06.020 and covered by chapter 41.06 RCW. "Agency" also includes the assistant attorneys general of the attorney general'…
RCW 41.80.007 Joint committee on employment relations—Members—Purpose—Rules—Meetings.
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(1) A joint committee on employment relations is established, composed of the following members:(a) Two members with leadership positions in the house of representatives, representing each of the two largest caucuses;(b) The chair and ranking minority member of the house appropri…
RCW 41.80.010 Negotiation and ratification of collective bargaining agreements—Funding to implement modification of certain collective bargaining agreements.
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(1) For the purpose of negotiating collective bargaining agreements under this chapter, the employer shall be represented by the governor or governor's designee, except as provided for institutions of higher education in subsection (4) of this section.(2)(a)(i) Except as otherwis…
RCW 41.80.020 Scope of bargaining.
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*** CHANGE IN 2026 *** (SEE 1069.SL) ***(1) Except as otherwise provided in this chapter, the matters subject to bargaining include wages, hours, and other terms and conditions of employment, and the negotiation of any question arising under a collective bargaining agreement.(2) …
RCW 41.80.030 Contents of collective bargaining agreements—Execution.
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(1) The parties to a collective bargaining agreement shall reduce the agreement to writing and both shall execute it.(2) Except as provided in RCW 41.58.070 and 41.80.020, a collective bargaining agreement shall contain provisions that:(a) Provide for a grievance procedure that c…
RCW 41.80.040 Management rights—Not subject to bargaining.
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*** CHANGE IN 2026 *** (SEE 1069.SL) ***The employer shall not bargain over rights of management which, in addition to all powers, duties, and rights established by constitutional provision or statute, shall include but not be limited to the following:(1) The functions and progra…
RCW 41.80.050 Rights of employees.
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Except as may be specifically limited by this chapter, employees shall have the right to self-organization, to form, join, or assist employee organizations, and to bargain collectively through representatives of their own choosing for the purpose of collective bargaining free fro…
RCW 41.80.060 Right to strike not granted.
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Nothing contained in chapter 354, Laws of 2002 permits or grants to any employee the right to strike or refuse to perform his or her official duties.[ 2002 c 354 s 307.]
RCW 41.80.070 Bargaining units—Certification.
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(1) A bargaining unit of employees covered by this chapter existing on June 13, 2002, shall be considered an appropriate unit, unless the unit does not meet the requirements of (a) and (b) of this subsection. The commission, after hearing upon reasonable notice to all interested …
RCW 41.80.075 Information to be provided to exclusive bargaining representative by certain employers.
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*** CHANGE IN 2026 *** (SEE 2091.SL) ****RCW 41.56.065 applies to the following employers subject to this chapter:(1) Western Washington University;(2) Central Washington University;(3) Eastern Washington University; and(4) The Evergreen State College.[ 2023 c 204 s 4.]Notes:*Rev…
RCW 41.80.080 Representation—Elections—Cross-check procedures—Rules.
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(1) The commission shall determine all questions pertaining to representation and shall administer all elections and cross-check procedures, and be responsible for the processing and adjudication of all disputes that arise as a consequence of elections and cross-check procedures.…
RCW 41.80.083 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 5.]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 41.80.090 Failure to reach agreement—Third party involvement—Expiration of agreements during negotiation.
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Should the parties fail to reach agreement in negotiating a collective bargaining agreement, either party may request of the commission the assistance of an impartial third party to mediate the negotiations.If a collective bargaining agreement previously negotiated under this cha…
RCW 41.80.100 Employee authorization of membership dues and other payments—Revocation.
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(1) Upon authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secr…
RCW 41.80.110 Unfair labor practices enumerated.
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(1) It is an unfair labor practice for an employer:(a) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by this chapter;(b) To dominate or interfere with the formation or administration of any employee organization or contribute financial …
RCW 41.80.120 Unfair labor practice procedures—Powers and duties of commission.
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(1) The commission is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders: 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 c…
RCW 41.80.130 Enforcement of collective bargaining agreements—Arbitrators—Subpoenas—Superior court.
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(1) For the purposes of implementing final and binding arbitration under grievance procedures required by RCW 41.80.030, the parties to a collective bargaining agreement may agree on one or more permanent umpires to serve as arbitrator, or may agree on any impartial person to ser…
RCW 41.80.135 Certification of bargaining representative—Cross-check.
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If only one employee organization is seeking certification as exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may determine the question concerning representation by conducting a cross-ch…
RCW 41.80.140 Office of financial management's labor relations service account—Created.
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(1) The office of financial management's labor relations service account is created in the custody of the state treasurer to be used as a revolving fund for the payment of labor relations services required for the negotiation of the collective bargaining agreements entered into u…
RCW 41.80.200 Department of corrections—Interest arbitration for certain employees.
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(1) In order to maintain dedicated and uninterrupted services to the supervision of criminal offenders that are in state correctional facilities and on community supervision, it is the legislature's intent to grant certain employees of the department of corrections interest arbit…
RCW 41.80.300 Uniformed personnel—Higher education—Intent—Purpose.
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The intent and purpose of RCW 41.80.310 through 41.80.370 is to recognize that there exists a public policy in the state of Washington against strikes by uniformed personnel as a means of settling their labor disputes; that the uninterrupted and dedicated service of these classes…
RCW 41.80.310 Uniformed personnel—Higher education—Negotiations—Certification for interest arbitration.
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(1) Negotiations between the employer and the exclusive bargaining representative of a unit of uniformed personnel shall be commenced at least five months prior to the submission of the budget to the legislature. If no agreement has been reached sixty days after the commencement …
RCW 41.80.320 Interest arbitration panel—Appointment—Hearing—Written determination.
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(1) Within ten working days after the first Monday in September of every odd-numbered year, the state's bargaining representative and the exclusive bargaining representative for the appropriate bargaining unit shall attempt to agree on an interest arbitration panel consisting of …
RCW 41.80.330 Interest arbitration panel—State agency designation.
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An interest arbitration panel created pursuant to RCW 41.80.320, in the performance of its duties under this chapter, exercises a state function and is, for the purposes of this chapter, a state agency. Chapter 34.05 RCW does not apply to proceedings before an interest arbitratio…
RCW 41.80.340 Interest arbitration panel—Factors to be considered in making a determination.
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In making its determination, the panel shall be mindful of the legislative purpose enumerated in RCW 41.80.300 and, as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:(1) The constitutional and statutory aut…
RCW 41.80.350 Interest arbitration panel proceeding—Consent to change existing wages, hours, and conditions of employment.
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During the pendency of the proceedings before the arbitration panel, existing wages, hours, and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to his rights or position un…
RCW 41.80.360 Interest arbitration panel decision to be final—Superior court jurisdiction and review—Not binding on legislature.
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(1) If the representative of either or both the uniformed personnel and the employer refuse to submit to the procedures set forth in RCW 41.80.310 and 41.80.320, the parties, or the commission on its own motion, may invoke the jurisdiction of the superior court for the county in …
RCW 41.80.370 Uniformed personnel—Higher education—Right to strike not granted.
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The right of uniformed personnel to engage in any strike, work slowdown, or stoppage is not granted. An employee organization recognized as the exclusive bargaining representative of uniformed personnel subject to this chapter that willfully disobeys a lawful order of enforcement…
RCW 41.80.380 Uniformed personnel—Higher education—Public employment relations commission to review bargaining units.
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(1) By January 1, 2020, the public employment relations commission shall review the appropriateness of the bargaining units that consist of or include uniformed personnel and exist on July 28, 2019. If the commission determines that an existing bargaining unit is not appropriate …