wa-law.org > bill > 2025-26 > SB 6117 > Substitute Bill
Access to the collective and individual protections afforded by established federal labor laws, as well as ensuring stable, effective, and efficient labor-management relations, is a vital state interest that has critical benefits to the state's economic and social development. Should there be an absence of applicable law setting forth the rights and obligations of parties engaged in private sector labor-management relations, as well as procedures for the enforcement of the same, the resulting loss of the benefits of collective bargaining to the economy and social fabric of the state would be immensely harmful.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Bargaining representative" means any labor organization which has as one of its primary purposes the representation of employees in their employment relations with employers, and which does currently, or has in the past represented employees as defined by this chapter.
"Collective bargaining" means the performance of the mutual obligations of the 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 and collective negotiations on personnel matters, including wages, hours, and working conditions, which may be peculiar to an appropriate bargaining unit of such employer, except that by such obligation neither party may be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
"Collective bargaining agreement" means any written contract or agreement that is currently in effect, or that will be executed, between an exclusive bargaining representative and an employer, as defined by this chapter.
"Commission" means the public employment relations commission.
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"Employee" means any employee of an employer, including of a consumer directed employer as defined by RCW 74.39A.009, and is not limited to the employees of a particular employer, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute, and who has not obtained any other regular and substantially equivalent employment.
"Employee" does not include:
Any individual employed by their parent or spouse unless also employed by a third party for the work performed;
Any individual having the status of an independent contractor;
Any individual employed as a supervisor;
Any person employed by the state or a political subdivision of the state, or an employee as defined by RCW 49.37.010 or an employee of an employer defined in RCW 49.39.005; or
Any other person who is not employed by an employer as herein defined.
"Employer" means any employer, or any person acting as an agent of an employer, except the state or political subdivision of the state, or an employer as defined by RCW 49.37.010, or an employer as defined in RCW 49.39.005.
"Exclusive bargaining representatives" means a bargaining representative that has been previously certified or recognized as the representative of employees as defined by this chapter.
"Labor dispute" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
"Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
The privilege established by RCW 5.60.060(11) applies to all labor organizations covered by this chapter and in all proceedings authorized by this chapter.
Upon application by a labor organization that held the status of an exclusive bargaining representative under federal law by certification or voluntary recognition immediately prior to the time that state regulation of private sector labor relations is no longer preempted as applied to that collective bargaining relationship, the commission shall promptly certify the exclusive bargaining representative under this chapter. Absent exceptional cause, the process to verify the exclusive bargaining representative's status for certification must be completed within one month of the filing of the application. All existing terms and conditions of employment and any collective bargaining agreement covering the affected bargaining unit remain in full force and effect through the commission's verification process.
In the event that an employer and employees are in disagreement as to the selection of an exclusive bargaining representative, the commission must be invited to intervene as is provided in sections 10 through 13 of this act.
In the event that an employer and an exclusive bargaining representative are in disagreement as to the merger of two or more bargaining units in the employer's workforce that are represented by the same exclusive bargaining representative, the commission must be invited to intervene as is provided in section 10 through 13 of this act.
The commission, after hearing upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative or unit clarification, other than applications submitted under section 5 of this act, 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 employees; the history of collective bargaining by the employer and their bargaining representatives; the extent of organization among the employees; and the desire of the employees, and the avoidance of excessive fragmentation.
The commission shall determine the exclusive bargaining representative by: (1) Conducting a cross-check pursuant to section 9 of this act; or (2) conducting an election pursuant to section 10 of this act.
If only one labor organization is seeking certification as an 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-check comparing the bargaining authorization cards against the employment records of the employer. A determination through a cross-check process may be made upon a showing of interest submitted in support of the exclusive bargaining representative by more than 50 percent of the employees.
The exclusive bargaining representative that has been determined through a cross-check to represent a majority of the employees in the bargaining unit must be certified by the commission as the exclusive bargaining representative of, and is required to represent, all the employees within the unit without regard to membership in said exclusive bargaining representative.
In the event the commission elects to conduct an election to ascertain the exclusive bargaining representative, and upon the request of a prospective bargaining representative showing written proof of at least 30 percent representation of the employees within the proposed unit, the commission shall hold an election by secret ballot to determine the issue. The ballot must contain the name of such bargaining representative and of any other bargaining representative showing written proof of at least 10 percent representation of the employees within the unit, together with a choice for any employee to designate that they do not desire to be represented by any bargaining agent. Where more than one organization is on the ballot and neither of the three or more choices receives a majority vote of the voting employees within the bargaining unit, a runoff election must be held. The runoff ballot must contain the two choices which received the largest and second-largest number of votes.
The bargaining representative which has been determined through election to represent a majority of the voting employees must be certified by the commission as the exclusive bargaining representative of, and is required to represent, all the employees within the unit without regard to membership in said bargaining representative.
No question concerning representation may be raised within one year of a certification or attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than 90 nor less than 60 days prior to the expiration date of the agreement. Any agreement which contains a provision for automatic renewal or extension of the agreement is not effective as a bar to a question concerning representation if it extends the total term of the agreement's existence for more than three years.
The commission shares concurrent jurisdiction with superior courts to prevent and to remedy any violation of RCW 49.32.020 with regard to any employer, employees, trade, or industry covered under this act that had been subject to federal labor law regulation.
The commission applies the Washington courts' jurisprudence in adjudicating alleged violations of RCW 49.32.020.
If the commission determines that any person has engaged in or is engaging in any violation of RCW 49.32.020, the commission shall issue and cause to be served upon the person an order requiring the person to cease and desist from such violation, and to take such affirmative action as will effectuate the purposes and policy declared in RCW 49.32.020 and of this chapter, such as the payment of damages and the reinstatement of employees, and reasonable attorneys' fees and costs.
The commission or the affected employees, or the employees' bargaining representative may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in such violation resides or transacts business, for the enforcement of the commission's order and for appropriate temporary relief.
The commission shall provide, at the mutual request of an employer and an exclusive bargaining representative, mediation of any labor dispute between them. Any party to mediation may request and receive fact finding by the mediator at the conclusion of a failed mediation.
Notwithstanding the possible cessation of any duty on the part of any employer or labor organization to comply with the terms of any collective bargaining agreement reached under the auspices of federal labor law, any such agreement reached between any employer or exclusive bargaining representative as defined in this chapter remains a contractually binding agreement and is enforceable on its terms.
Upon the certification of an exclusive bargaining representative for the employer's employees, the employer has the duty to engage in collective bargaining with the exclusive bargaining representative before changing any wages, hours, or working conditions of the represented employees. Any allegation by the exclusive bargaining representative that the employer has made a unilateral change in wages, hours, and working conditions may be presented for resolution to an arbitrator mutually selected and compensated by the parties, or by application of the exclusive bargaining representative to the commission for provision of the arbitrator.
Should a collective bargaining agreement between the exclusive bargaining representative and the employer expire, its provisions, except any prohibition on strikes or lockouts, continue in force until renegotiated. During the agreement's hiatus, any allegation by the exclusive bargaining representative that the employer has made a unilateral change in wages or economic benefits may be presented for resolution to an arbitrator mutually selected and compensated, or by application of the exclusive bargaining representative to the commission for provision of the arbitrator.
Upon the failure of the employer and the exclusive bargaining representative to conclude a collective bargaining agreement within six months of certification of the exclusive bargaining representative or within six months of the expiration of the last collective bargaining agreement, all matters remaining in dispute must be submitted by the parties to the commission for resolution through its interest arbitration procedures.
If an agreement through collective bargaining has not been reached within six months of certification, or within six months of the expiration of the last collective bargaining agreement, the parties may agree in writing to continue to bargain for an additional month. Thereafter, they may agree in writing to continue bargaining on a month-to-month basis. If the parties have not entered a written agreement to extend bargaining, or final agreement to extend bargaining has expired, the parties must submit their dispute to interest arbitration. Each party must submit that party's last and final proposals upon which there exists an impasse. All impasse items must be submitted to arbitration. The arbitrator or arbitration panel is empowered to review the parties' final proposals and to consider mediator findings, if any, and to issue a decision on the submitted items along with the previously agreed items, such that a complete agreement is imposed through the arbitration. The arbitrator or arbitration panel is also empowered to consider evidence submitted by the parties concerning factors such as the employer's ability to meet the costs of a contract, employee compensation at comparable employers, and cost of living in the relevant geographic area in their decision-making process.
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If the parties cannot agree on the arbitrator or arbitration panel within five days of the expiration of the six-month period following certification or expiration of the previous agreement, or of the expiration of the final written extension of bargaining, the parties must apply to the commission or, if both parties agree, to the American arbitration association to provide a list of five qualified arbitrators from which the arbitrator must be chosen.
Each party must pay the fees and expenses of the arbitrator or arbitration panel, and the fees and expenses of the neutral chair must be shared equally between the parties.
In consultation with the parties, the arbitrator or arbitration panel shall promptly establish a date, time, and place for a hearing which may be no later than two months following the appointment of the arbitrator. The arbitrator or arbitration panel shall provide reasonable notice thereof to the parties to the dispute. The parties must exchange final positions in writing, with copies to the arbitrator or arbitration panel, with respect to every issue to be arbitrated, on a date mutually agreed upon, but in no event later than 10 working days before the date set for hearing. A hearing must be held, and each party must have the opportunity to present evidence and make arguments. The rules of evidence prevailing in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other data deemed relevant by the chair of the arbitration panel may be received in evidence. A recording of the proceedings must be taken. The arbitrator or arbitration panel has the power to administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be deemed by the arbitrator to be material to a just determination of the issues in dispute. If any person refuses to obey a subpoena issued by the arbitrator or arbitration panel, or refuses to be sworn or to make an affirmation to testify, or any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the arbitrator may invoke the jurisdiction of the superior court in the county where the labor dispute exists, and the court has jurisdiction to issue an appropriate order. Any failure to obey the order may be punished by the court as a contempt thereof.
Within 30 days following the conclusion of the hearing, the arbitrator or arbitration panel shall make written findings of fact and a written determination of the issues in dispute, based on the evidence presented. A copy thereof must be served on each of the parties to the dispute. That determination is final and binding upon both parties, subject to review by the superior court upon the application of either party.
The superior court's scope of review is limited to whether:
The arbitrator or arbitration panel acted without, or in excess of, their powers;
The arbitration has proceeded in the manner required by law;
The order or decision of the arbitrator or arbitration panel was procured by fraud or was an abuse of discretion;
The decision of the arbitrator or arbitration panel was arbitrary or capricious; and
The arbitrator or arbitration panel's decision violated either of the parties' constitutional or statutory rights.
In addition to any contractually agreed method for selecting arbitrators, the parties may mutually request the commission to, and the commission shall, appoint a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a labor dispute between an employer and an exclusive bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator shall conduct such arbitration of such dispute in a manner as provided for in the collective bargaining agreement.
The commission may not collect any fees or charges from such employer or such exclusive bargaining representative for services performed by the commission under the provisions of this chapter.
The provisions of chapter 49.08 RCW do not apply to this chapter.
Nothing in this chapter, except as specifically provided for herein, interferes with, impedes, or diminishes in any way the right to strike. However, a labor organization, before engaging in any strike or other concerted refusal to work at any health care institution shall, not less than 10 days prior to such action, notify the institution in writing and the commission of that intention. The notice must state the date and time that such action will commence.
An employer engaged primarily in the building and construction industry may make an agreement covering employees engaged, or who upon their employment will be engaged in the building and construction industry, with a labor organization of which building and construction employees are members, notwithstanding that:
The majority status of such labor organization has not been established under the provisions of this chapter prior to the making of such agreement;
The agreement requires the employer to notify the labor organization of opportunities for employment with such employer, or gives the labor organization an opportunity to refer qualified applicants for such employment; or
The agreement specifies minimum training or experience qualifications for employment or provides for priority in opportunities for employment based upon length of services with such employer, in the industry or in the particular geographical area.
The commission shall promulgate, revise, or rescind such rules and regulations as it deems necessary or appropriate to administer the provisions of this chapter in conformity with the intent and purpose of this chapter and consistent with the best standards of labor-management relations.
Actions taken by or on behalf of the commission must be pursuant to chapter 34.05 RCW, or rules adopted in accordance with chapter 34.05 RCW, and the right of judicial review provided by chapter 34.05 RCW is applicable to all such actions and rules. However, if a conflict exists between this chapter and 34.05 RCW, this chapter governs.
WHEREAS, Under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his or her freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he or she should be free to decline to associate with his or her fellows, it is necessary that he or she have full freedom of association, self-organization, and designation of representatives of his or her own choosing, to negotiate the terms and conditions of his or her employment, and that he or she shall be free from interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protections; therefore, the following definitions of, and limitations upon, the jurisdiction and authority of the courts of the state of Washington are hereby enacted.
A spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner; nor can either during marriage or during the domestic partnership or afterward, be without the consent of the other, examined as to any communication made by one to the other during the marriage or the domestic partnership. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse or domestic partner if the marriage or the domestic partnership occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said spouse or domestic partner against any child of whom said spouse or domestic partner is the parent or guardian, nor to a proceeding under chapter 71.05 or 71.09 RCW: PROVIDED, That the spouse or the domestic partner of a person sought to be detained under chapter 71.05 or 71.09 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.
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An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.
A parent or guardian of a minor child arrested on a criminal charge may not be examined as to a communication between the child and his or her attorney if the communication was made in the presence of the parent or guardian. This privilege does not extend to communications made prior to the arrest.
A member of the clergy, a Christian Science practitioner listed in the Christian Science Journal, or a priest shall not, without the consent of a person making the confession or sacred confidence, be examined as to any confession or sacred confidence made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.
Subject to the limitations under RCW 71.05.217 (6) and (7), a physician or surgeon or osteopathic physician or surgeon or podiatric physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:
In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and
Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.
A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.
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A peer supporter shall not, without consent of the peer support services recipient making the communication, be compelled to testify about any communication made to the peer supporter by the peer support services recipient while receiving individual or group services. The peer supporter must be designated as such by their employing agency prior to providing peer support services. The privilege only applies when the communication was made to the peer supporter while acting in his or her capacity as a peer supporter. The privilege applies regardless of whether the peer support services recipient is an employee of the same agency as the peer supporter. Peer support services may be coordinated or designated among first responder agencies pursuant to chapter 10.93 RCW, interlocal agreement, or other similar provision, provided however that a written agreement is not required for the privilege to apply. The privilege does not apply if the peer supporter was an initial responding first responder, department of corrections staff person, or jail staff person; a witness; or a party to the incident which prompted the delivery of peer support services to the peer support services recipient.
For purposes of this section:
(A) A law enforcement officer;
(B) A limited authority law enforcement officer;
(C) A firefighter;
(D) An emergency services dispatcher or recordkeeper;
(E) Emergency medical personnel, as licensed or certified by this state;
(F) A member or former member of the Washington national guard acting in an emergency response capacity pursuant to chapter 38.52 RCW;
(G) A coroner or medical examiner, or a coroner's or medical examiner's agent or employee; or
(H) An individual engaged in co-response services, as defined in RCW 71.24.025.
ii. "Law enforcement officer" means a general authority Washington peace officer as defined in RCW 10.93.020.
iii. "Limited authority law enforcement officer" means a limited authority Washington peace officer as defined in RCW 10.93.020 who is employed by the department of corrections, state parks and recreation commission, department of natural resources, liquor and cannabis board, or Washington state gambling commission.
iv. "Peer support services recipient" means:
(A) A first responder;
(B) A department of corrections staff person; or
(C) A jail staff person.
v. "Peer supporter" means:
(A) A first responder, retired first responder, department of corrections staff person, or jail staff person or a civilian employee of a first responder entity or agency, local jail, or state agency who has received training to provide emotional and moral support and services to a peer support services recipient who needs those services as a result of an incident or incidents in which the peer support services recipient was involved while acting in his or her official capacity or to deal with other stress that is impacting the peer support services recipient's performance of official duties; or
(B) A nonemployee who has been designated by the first responder entity or agency, local jail, statewide organization focused on co-response outreach, or state agency to provide emotional and moral support and counseling to a peer support services recipient who needs those services as a result of an incident or incidents in which the peer support services recipient was involved while acting in his or her official capacity.
A sexual assault advocate may not, without the consent of the victim, be examined as to any communication made between the victim and the sexual assault advocate.
For purposes of this section, "sexual assault advocate" means the employee or volunteer from a community sexual assault program or underserved populations provider, victim assistance unit, program, or association, that provides information, medical or legal advocacy, counseling, or support to victims of sexual assault, who is designated by the victim to accompany the victim to the hospital or other health care facility and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings.
A sexual assault advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. Any sexual assault advocate participating in good faith in the disclosing of records and communications under this section shall have immunity from any liability, civil, criminal, or otherwise, that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this section, the good faith of the sexual assault advocate who disclosed the confidential communication shall be presumed.
A domestic violence advocate may not, without the consent of the victim, be examined as to any communication between the victim and the domestic violence advocate.
For purposes of this section, "domestic violence advocate" means an employee or supervised volunteer from a community‑based domestic violence program or human services program that provides information, advocacy, counseling, crisis intervention, emergency shelter, or support to victims of domestic violence and who is not employed by, or under the direct supervision of, a law enforcement agency, a prosecutor's office, or the child protective services section of the department of children, youth, and families as defined in RCW 26.44.020.
A domestic violence advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. This section does not relieve a domestic violence advocate from the requirement to report or cause to be reported an incident under RCW 26.44.030(1) or to disclose relevant records relating to a child as required by RCW 26.44.030(15). Any domestic violence advocate participating in good faith in the disclosing of communications under this subsection is immune from liability, civil, criminal, or otherwise, that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this subsection, the good faith of the domestic violence advocate who disclosed the confidential communication shall be presumed.
A mental health counselor, independent clinical social worker, or marriage and family therapist licensed under chapter 18.225 RCW may not disclose, or be compelled to testify about, any information acquired from persons consulting the individual in a professional capacity when the information was necessary to enable the individual to render professional services to those persons except:
With the written authorization of that person or, in the case of death or disability, the person's personal representative;
If the person waives the privilege by bringing charges against the mental health counselor licensed under chapter 18.225 RCW;
In response to a subpoena from the secretary of health. The secretary may subpoena only records related to a complaint or report under RCW 18.130.050;
As required under chapter 26.44 or 74.34 RCW or RCW 71.05.217 (6) or (7); or
To any individual if the mental health counselor, independent clinical social worker, or marriage and family therapist licensed under chapter 18.225 RCW reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the individual or any other individual; however, there is no obligation on the part of the provider to so disclose.
An individual who acts as a sponsor providing guidance, emotional support, and counseling in an individualized manner to a person participating in an alcohol or drug addiction recovery fellowship may not testify in any civil action or proceeding about any communication made by the person participating in the addiction recovery fellowship to the individual who acts as a sponsor except with the written authorization of that person or, in the case of death or disability, the person's personal representative.
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Neither a union representative nor an employee the union represents or has represented shall be examined as to, or be required to disclose, any communication between an employee and union representative or between union representatives made in the course of union representation except:
To the extent such examination or disclosure appears necessary to prevent the commission of a crime that is likely to result in a clear, imminent risk of serious physical injury or death of a person;
In actions, civil or criminal, in which the represented employee is accused of a crime or assault or battery;
In actions, civil or criminal, where a union member is a party to the action, the union member may obtain a copy of any statement previously given by that union member concerning the subject matter of the action and may elicit testimony concerning such statements. The right of the union member to obtain such statements, or the union member's possession of such statements, does not render them discoverable over the objection of the union member;
In actions, regulatory, civil, or criminal, against the union or its affiliated, subordinate, or parent bodies or their agents; or
When an admission of, or intent to engage in, criminal conduct is revealed by the represented union member to the union representative.
The privilege created in this subsection (11) does not apply to any record of communications that would otherwise be subject to disclosure under chapter 42.56 RCW.
The privilege created in this subsection (11) may not interfere with an employee's or union representative's applicable statutory mandatory reporting requirements, including but not limited to duties to report in chapters 26.44, 43.101, and 74.34 RCW.
For purposes of this subsection:
"Employee" means a person represented by a certified or recognized union regardless of whether the employee is a member of the union.
"Union" means any lawful organization that has as one of its primary purposes the representation of employees in their employment relations with employers, including without limitation labor organizations defined by 29 U.S.C. Sec. 152(5) and 5 U.S.C. Sec. 7103(a)(4), representatives defined by 45 U.S.C. Sec. 151, and bargaining representatives defined in RCW 41.56.030, and employee organizations as defined in RCW 28B.52.020, 41.59.020, 41.80.005, 41.76.005, 47.64.011, and 53.18.010, and bargaining representatives as defined in section 3 of this act.
"Union representation" means action by a union on behalf of one or more employees it represents in regard to their employment relations with employers, including personnel matters, grievances, labor disputes, wages, rates of pay, hours of employment, conditions of work, or collective bargaining.
"Union representative" means a person authorized by a union to act for the union in regard to union representation.
"Communication" includes any oral, written, or electronic communication or document containing such communication.