Washington Code 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:
Terms Used In Washington Code 41.59.140
- bargaining: means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times in light of the time limitations of the budget-making process, and to bargain in good faith in an effort to reach agreement with respect to the wages, hours, and terms and conditions of employment: PROVIDED, That prior law, practice or interpretation shall be neither restrictive, expansive, nor determinative with respect to the scope of bargaining. See Washington Code 41.59.020
- commission: means the public employment relations commission established by RCW 41. See Washington Code 41.59.020
- 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. See Washington Code 41.59.020
- employer: means any school district. See Washington Code 41.59.020
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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, That subject to rules and regulations made by the commission pursuant to RCW 41.59.110, an employer shall not be prohibited from permitting employees to confer with it or its representatives or agents during working hours without loss of time or pay;
(c) To encourage or discourage membership in any employee organization by discrimination in regard to hire, tenure of employment or any term or condition of employment, but nothing contained in this subsection shall prevent an employer from requiring, as a condition of continued employment, payment of periodic dues and fees uniformly required to an exclusive bargaining representative pursuant to *RCW 41.59.100;
(d) To discharge or otherwise discriminate against an employee because he or she has filed charges or given testimony under **this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It shall be an unfair labor practice for an employee organization:
(a) To restrain or coerce (i) employees in the exercise of the rights guaranteed in RCW 41.59.060: PROVIDED, That this paragraph shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein; or (ii) an employer in the selection of his or her representatives for the purposes of collective bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of this section;
(c) To refuse to bargain collectively with an employer, provided it is the representative of its employees subject to RCW 41.59.090.
(3) The expressing of any views, argument, or opinion, or the dissemination thereof to the public, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of **this chapter, if such expression contains no threat of reprisal or force or promise of benefit.
NOTES:
Reviser’s note: *(1) RCW 41.59.100 was repealed by 2019 c 230 § 25.
**(2) Session law [1975 1st ex.s. c 288 § 15] language here reads “this act” or “this 1975 act”; for codification of 1975 1st ex.s. c 288, see Codification Tables.