Washington Code 41.56.060 – Determination of bargaining unit — Bargaining representative
Current as of: 2023 | Check for updates
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(1) The commission, after hearing upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative, the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the public employees; the history of collective bargaining by the public employees and their bargaining representatives; the extent of organization among the public employees; and the desire of the public employees. The commission shall determine the bargaining representative by: (a) Examination of organization membership rolls; (b) comparison of signatures on organization bargaining authorization cards, as provided under RCW 41.56.095; or (c) conducting an election specifically therefor.
Terms Used In Washington Code 41.56.060
- Bargaining representative: means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers. See Washington Code 41.56.030
- Collective bargaining: means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures, subject to RCW 41. See Washington Code 41.56.030
- Commission: means the public employment relations commission. See Washington Code 41.56.030
- Public employer: means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter, or any subdivision of such public body. See Washington Code 41.56.030
(2) For classified employees of school districts and educational service districts:
(a) Appropriate bargaining units existing on July 24, 2005, may not be divided into more than one unit without the agreement of the public employer and the certified bargaining representative of the unit; and
(b) In making bargaining unit determinations under this section, the commission must consider, in addition to the factors listed in subsection (1) of this section, the avoidance of excessive fragmentation.