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AGO Opinions with Topic: COLLECTIVE BARGAINING
AGO 2006 No. 14 >  June 19, 2006
STATE EMPLOYEES - PUBLIC EMPLOYEES - EMPLOYERS AND EMPLOYEES - LABOR - COLLECTIVE BARGAINING
Circumstances in which a state employee may exercise a right of non-association with a labor union 1. State employees may exercise their right of nonassociation with a labor union under RCW 41.80.100(2) based upon strongly held private religious objections to union membership, even if the objections are not based on the teachings of an established church or religious body. If there is a dispute between an employee and a union concerning the exercise of the right of nonassociation under RCW 41.80.100(2), the matter is resolved by the Public Employment Relations Commission. 3.State employees are not required to use a payroll deduction system to pay the union fees and dues set forth in RCW 41.80.100, but they may pay separately by personal check or other method so long as they make timely payments in the correct amount.
AGO 2006 No. 5 >  February 10, 2006
SCHOOL DISTRICTS - EDUCATION - COLLECTIVE BARGAINING - LABOR
Status of “independent professional educators’ associations” as “employee organization” for collective bargaining purposes An “independent professional educators’ association” which defines itself as not engaging in bargaining on behalf of educational employees concerning wages, hours, or terms and conditions of employment is not an “employee organization” as set forth in RCW 41.59.020(1).
AGO 2006 No. 3 >  January 31, 2006
PUBLIC EMPLOYEES - PUBLIC EMPLOYMENT - SCHOOL DISTRICTS - STRIKES - LABOR - COLLECTIVE BARGAINING
Right of teachers and other employees to strike 1. State and local public employees, including teachers, have no legally protected right to strike. 2. State statute establishes no specific penalties for unlawful public employee strikes; in some cases, courts may grant injunctive relief to prevent or end unlawful strikes. 3. The Legislature could enact laws establishing penalties for unlawful public employee strikes, provided that such laws are consistent with protected free speech and other state and federal constitutional rights.
AGO 2003 No. 5 >  April 23, 2003
COLLECTIVE BARGAINING - COLLEGES AND UNIVERSITIES - FACULTY
Duty of public four-year education institutions to collective bargaining with faculty employees Laws of 2002, ch. 356 imposes a duty on public four-year education institutions in Washington to engage in collective bargaining with bargaining representatives of faculty employees, notwithstanding the governor’s veto of portions of the legislation.
AGO 1975 No. 20 >  September 5, 1975
LABOR - COLLECTIVE BARGAINING - PUBLIC EMPLOYEES - GOVERNOR - VETO - EFFECT OF PARTIAL VETO OF CHAPTERS 288 AND 296, LAWS OF 1975, 1ST EX. SESS. UPON REMAINING PROVISIONS
LABOR ‑- COLLECTIVE BARGAINING ‑- PUBLIC EMPLOYEES ‑- GOVERNOR ‑- VETO ‑- EFFECT OF PARTIAL VETO OF CHAPTERS 288 and 296, LAWS OF 1975, 1st EX. SESS. UPON REMAINING PROVISIONS (1) Because the governor's veto of § 2 of Substitute Senate Bill No. 2408 (chapter 296, Laws of 1975, 1st Ex. Sess.), the public agencies now responsible for the performance of the functions thereby proposed by this act to be transferred to a new "public employment relations commission" will continue to perform those functions after September 8, 1975, in the absence of further legislative action.  (2) In view of the governor's veto of § 4 of Substitute Senate Bill No. 2500 (chapter 288, Laws of 1975, 1st Ex.Sess.), certificated school district employees will, in the absence of further legislative action, continue after January 1, 1976, to be governed by the provisions of the school employees' professional negotiations act (chapter 28A.72 RCW), notwithstanding the express repeal thereof by the 1975 act, except to the extent that such provisions of the new law as are unaffected by the veto are in conflict with the earlier law.  (3) Administration of the provisions of chapter 288, Laws of 1975, 1st Ex. Sess., and chapter 296, Laws of 1975, 1st Ex. Sess., following their respective effective dates, by a new state agency will be unnecessary unless the governor's vetoes of portions thereof are overridden by the legislature or the vetoed sections are reenacted in a different form.
AGO 1994 No. 11 >  August 8, 1994
SCHOOLS - SCHOOL EMPLOYEES - SALARY AND BENEFITS - HEALTH CARE AUTHORITY - RETIRED PUBLIC EMPLOYEES - COLLECTIVE BARGAINING
Relation of subsidy paid under RCW 28A.400.400 to reduce health insurance premiums for retired employees to salary and compensation limitations imposed by RCW 28A.400.200 1.  The Legislature has authorized, but has not required, that the payments to be made to the Health Care Authority under RCW 28A.400.400 to reduce health insurance premiums for retired school employees be made from certain funds appropriated in the budget for insurance benefits for current school employees.  2.  Money paid to the Health Care Authority for health care benefits for retired school employees should be disregarded in calculating the amounts paid by a school district for salary and benefits for current employees for purposes of applying the compensation limitations established pursuant to RCW 28A.400.200.  3.  A school district has discretion to make the payments to the Health Care Authority required by RCW 28A.400.400 out of the appropriation for employee insurance benefits, or out of other funds; therefore, the exercise of that discretion affects the wages and working conditions of current employees and is a lawful subject for collective bargaining between the employees and the district.
AGO 1994 No. 16 >  September 28, 1994
COLLEGES AND UNIVERSITIES - COLLECTIVE BARGAINING - HIGHER EDUCATION
Authority of four-year state-supported higher education institutions to engage in collective bargaining with faculty representatives 1. The faculty at four-year state-supported higher education institutions do not have a right under current law to engage in collective bargaining with their employers. 2.  At their discretion, the governing bodies of four-year state-supported higher education institutions may enter into bargaining with representatives of the faculty concerning wages, hours, and working conditions, but such bargaining does not establish the terms of employment for nonrepresented faculty members.
AGLO 1981 No. 25 >  September 1, 1981
OFFICES AND OFFICERS - STATE - WASHINGTON STATE FERRY SYSTEM - LABOR - COLLECTIVE BARGAINING
RIGHTS OF FERRY SYSTEM EMPLOYEES The provisions of chapter 344, Laws of 1981, do not violate the requirements of 49 U.S.C. § 1609(C) or of "§ 13(C) agreements" signed in compliance therewith by the Washington State Department of Transportation.
AGLO 1977 No. 39 >  September 21, 1977
DISTRICTS - EDUCATIONAL SERVICE DISTRICTS - LABOR - COLLECTIVE BARGAINING
APPLICABILITY OF PUBLIC EMPLOYEES' COLLECTIVE BARGAINING ACT TO EMPLOYEES OF AN EDUCATIONAL SERVICE DISTRICT An educational service district created pursuant to Chapter 28A.21 RCW is a political subdivision within the meaning of RCW 41.56.020, and therefore, the public employees collective bargaining act contained in Chapter 41.56 RCW is applicable to the employees of such a district.
AGLO 1973 No. 38 >  March 21, 1973
DISTRICTS - PUD - COLLECTIVE BARGAINING - LABOR
DISTRICTS ‑- PUD ‑- COLLECTIVE BARGAINING ‑- LABOR A public utility district under RCW 54.04.170 and 54.04.180 may engage in collective bargaining with its employees in regard to the manner in which any reduction in the district's work force is to be accomplished, but may only agree to procedures which are consistent with its statutory authority and governing constitutional limitations.
AGLO 1974 No. 70 >  July 23, 1974
OFFICES AND OFFICERS - STATE - PERSONNEL BOARD - COLLECTIVE BARGAINING - CIVIL SERVICE - LABOR
AUTHORITY OF STATE PERSONNEL BOARD TO EXCLUDE SUPERVISORS The Washington State Personnel Board has the statutory authority under RCW 41.06.150 to promulgate rules defining and excluding "executive management," "supervisors" and "individuals regularly privy to confidential matters affecting the employer-employee relationship" from the right to bargain collectively with their appointing authorities, as it does currently under merit system rules 356-06-010 and 356-42-010(2).
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