Washington Code 41.56.113 – Department-contracted individual providers — Family child care providers — Adult family home providers — Language access providers — Employee authorization of membership dues and other payments — Revo
Current as of: 2023 | Check for updates
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(1) This subsection (1) applies only if the state makes the payments directly to a provider.
Terms Used In Washington Code 41.56.113
- Adult family home provider: means a provider as defined in RCW 70. See Washington Code 41.56.030
- 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
- Contract: A legal written agreement that becomes binding when signed.
- Family child care provider: means a person who: (a) Provides regularly scheduled care for a child or children in the home of the provider or in the home of the child or children for periods of less than twenty-four hours or, if necessary due to the nature of the parent's work, for periods equal to or greater than twenty-four hours; (b) receives child care subsidies; and (c) under chapter 43. See Washington Code 41.56.030
- Individual provider: means an individual provider as defined in RCW 74. See Washington Code 41.56.030
- Language access provider: means any independent contractor who provides spoken language interpreter services, whether paid by a broker, language access agency, or the respective department:
Washington Code 41.56.030Statute: A law passed by a legislature.
(a) Upon the authorization of an individual provider who contracts with the department of social and health services, a family child care provider, an adult family home provider, or a language access provider within the bargaining unit and after the certification or recognition of the bargaining unit’s exclusive bargaining representative, the state as payor, but not as the employer, shall, subject to (c) of this subsection, deduct from the payments to an individual provider who contracts with the department of social and health services, a family child care provider, an adult family home provider, or a language access provider the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the exclusive bargaining representative.
(b)(i) An employee’s written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee’s salary must be made by the employee to the exclusive bargaining representative. If the employer receives a request for authorization of deductions, the employer shall as soon as practicable forward the request to the exclusive bargaining representative.
(ii) Upon receiving notice of the employee’s authorization from the exclusive bargaining representative, the employer shall deduct from the employee’s salary membership dues and remit the amounts to the exclusive bargaining representative.
(iii) The employee’s authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.
(iv) An employee’s request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the exclusive bargaining representative in accordance with the terms and conditions of the authorization.
(v) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction no later than the second payroll after receipt of the confirmation.
(vi) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.
(vii) If the governor and the exclusive bargaining representative of a bargaining unit of individual providers who contract with the department of social and health services, family child care providers, adult family home providers, or language access providers enter into a collective bargaining agreement that includes requirements for deductions of other payments, the state, as payor, but not as the employer, shall, subject to (c) of this subsection, make such deductions upon authorization of the individual provider, family child care provider, adult family home provider, or language access provider.
(c)(i) The initial additional costs to the state in making deductions from the payments to individual providers, family child care providers, adult family home providers, and language access providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.
(ii) The allocation of ongoing additional costs to the state in making deductions from the payments to individual providers, family child care providers, adult family home providers, or language access providers under this section shall be an appropriate subject of collective bargaining between the exclusive bargaining representative and the governor unless prohibited by another statute. If no collective bargaining agreement containing a provision allocating the ongoing additional cost is entered into between the exclusive bargaining representative and the governor, or if the legislature does not approve funding for the collective bargaining agreement as provided in RCW 74.39A.300, 41.56.028, 41.56.029, or 41.56.510, as applicable, the ongoing additional costs to the state in making deductions from the payments to individual providers, family child care providers, adult family home providers, or language access providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.
(2) This subsection (2) applies only if the state does not make the payments directly to a language access provider. Upon the authorization of a language access provider within the bargaining unit and after the certification or recognition of the bargaining unit’s exclusive bargaining representative, the state shall require through its contracts with third parties that:
(a) The monthly amount of dues as certified by the secretary of the exclusive bargaining representative be deducted from the payments to the language access provider and transmitted to the treasurer of the exclusive bargaining representative; and
(b) A record showing that dues have been deducted as specified in (a) of this subsection be provided to the state.
(3) This subsection (3) applies only to individual providers who contract with the department of social and health services. The exclusive bargaining representative of individual providers may designate a third-party entity to act as the individual provider’s agent in receiving payments from the state to the individual provider, so long as the individual provider has entered into an agency agreement with a third-party entity for the purposes of deducting and remitting voluntary payments to the exclusive bargaining representative. A third-party entity that receives such payments is responsible for making and remitting deductions authorized by the individual provider. The costs of such deductions must be paid by the exclusive bargaining representative.
[ 2019 c 230 § 10; 2018 c 278 § 29; 2010 c 296 § 4; 2007 c 184 § 3; 2006 c 54 § 3; 2004 c 3 § 7; 2002 c 99 § 1.]
NOTES:
Findings—Intent—2018 c 278: See note following RCW 74.39A.500.
Conflict with federal requirements—2010 c 296: See note following RCW 41.56.510.
Part headings not law—Severability—Conflict with federal requirements—2007 c 184: See notes following RCW 41.56.029.
Severability—Effective date—2004 c 3: See notes following RCW 74.39A.270.