To modify current law that prohibits labor organizations from using shop fees from non-members for political campaigns. This bill would allow shop fees to be used for political campaigns as long as the labor organization has sufficient funds from other sources. The bill has an emergency clause, which makes its take effect immediately. See companion SB 5921.   Official Text and Analysis.

To strike the underlying bill. The amendment provides legislative findings that intend to specify limits on the use of agency shop fees; recognize constitutional limits on the ability of the legislature to authorize a compelled payment for collective bargaining services and that the legislature must protect speech over labor organization convenience; recognize that many labor organizations operate without use of mandatory dues and that mandatory dues are not necessary for the interests and rights of labor organizations; and that generally accepted accounting principles consider commingled funds to be from all sources and only a complete refund of agency fees would satisfy the requirements of the Citizen's Initiative Measure No. 134. Allows labor organizations to use any fund or account from which payments or expenditures are made, and where agency shop fees are commingled, to make political campaign contributions if all agency shops fees collected in the twelve months prior to the contribution have been refunded in full to those who did not affirmatively authorize such use. Provides definitions for: "agency shop fees"; "affirmatively authorized"; "use of agency shop fees"; and "expenditures to influence an election".

To strike the underlying bill. Amends RCW 28B.52.045 regarding collective bargaining agreements in higher education, RCW 41.56.122 regarding public employment collective bargaining agreements, RCW 41.76.045 regarding exclusive bargaining representation for public employees at 4-years institutions, RCW 41.59.100 regarding collection of agency shop fees, RCW 41.80.100 regarding negotiation and ratification of collective bargaining agreements for state employees, and RCW 47.64.160 regarding collective bargaining for marine employees so that there is nothing in these sections to obligate employers to withhold funds for PACs and to require pro rata accounting for actual collective bargaining and labor representation costs. Prohibits the inclusion of a union security provision in a collective bargaining agreement unless the labor organization provides each employee with annual written notice informing the employee: • on the right to decline membership and the process for paying only a representation fee; • that each employee has a right of nonassociation with the organization; and • about specific financial information of the exclusive bargaining unit. The labor organization must also permit all members of the bargaining unit equal representation and may not use agency shop fees for political campaign contributions without affirmative authorization.

To allow labor organization general treasury funds to be used for political contributions and expenditures if nonmembers have been provided either a pro-rata or actual rebate of the amount of money not used for collective bargaining or other purposes necessary to the labor process; removes the emergency clause.

To prohibit labor organizations from using any funds for political contributions when such funds are commingled with agency shop fees; removes language from original bill defining when an agency does not use agency shop fees; removes the emergency clause.

To remove the emergency clause.

To add definitions of "agency shop fees", "use of agency shop fees", "expenditures to influence and election", "to operate a political committee", and "affirmatively authorized"; removes language from original bill defining when an agency does not use agency shop fees; removes the emergency clause.

To strike the underlying bill. Prohibits labor organizations from transferring or contributing agency shop fees to an affiliated organization that makes political campaign contributions and expenditures.

To require labor organizations to allocate the cost of chargeable activities equally among members and nonmembers on a per employee basis so that the agency shop fees are not subsidizing the nonchargeable activities of the labor organization. Removes the emergency clause.

To assure that agency shop fees may not exceed a pro rata share of expenditures for purposes germane to the collective bargaining process, to contract administration, or to pursuing matters affecting wages, hours, and other conditions of employment. Determination of the share of the fee shall be documented for the nonmember using historical data. If this is adopted, RCW 42.17.760 becomes moot for public employee labor.

To require the public disclosure commission to implement a reporting mechanism for the political contributions of labor organizations; the information provided by the labor organization must include information on total expenditures made by the labor organization, information regarding revenue sources and amount received from each revenue source including member dues and agency shop fees, and specific information regarding political campaign contributions; the public disclosure commission must provide an annual report from this information; removes the emergency clause.

To require that to use a fund or account where agency shop fees are commingled, the labor organizations must have provided nonmembers with a rebate of agency shop fees that is equal to a pro-rata share of the average of the amount spent in contributions or expenditures to influence an election or to operate a political committee over the preceding three reported years plus a 3 percent cushion; removes language from original bill defining when an agency does not use agency shop fees; removes the emergency clause.

To change references about a labor organization's general treasury fund to refer to any fund or account where agency shop fees are commingled. Requires labor organizations to provide nonmembers with written notice as to its compliance with the statutory requirements for use of agency shop fees. Written notice must include the text of the statute, an explanation that the individual is receiving the notice because he or she is a nonmember, and a financial accounting of the labor organization for the three previous fiscal years that includes revenue from member dues and agency shop fees and expenditures for chargeable and nonchargeable activities. Included with the written notice must be a card the nonmember can sign and return to the labor organization to obtain a refund of fees not spent on chargeable activities. Removes the emergency clause.

To provide nonmembers a with a legal cause of action if a labor organization spends his or her agency shop fees in violation of the affirmative authorization requirement of this statute; in the event of a judgment against the labor organization, the court may impose a $25,000 civil penalty; prohibits labor organizations from enforcing a union security agreement if it has been found in violation of the statute; removes language defining when an agency does not use agency shop fees; removes the emergency clause.

To provide that for teachers covered by a union security provision and who assert a right of nonassociation based on a bona fide personally held religious belief or on the tenets or teachings of a church or religious body of which such employee is a member, the employee must pay an amount of money equivalent to regular dues and fees to any nonreligious charity or charitable organization that is registered with the secretary without mutual agreement with the bargaining representative.

To provide that teachers covered by a union security provision who assert a right of nonassociation based on a bona fide personally held religious belief or on the tenets or teachings of a church or religious body of which such employee is a member, the employee may pay an amount of money equivalent to regular dues and fees to any non-religious charitable organization in lieu of union dues.

To provide nonmembers a with a legal cause of action if a labor organization spends his or her agency shop fees in violation of the affirmative authorization requirement of this statute; in the event of a judgment against the labor organization, the court may impose a $25,000 civil penalty; removes the emergency clause.

To amend statutes regarding collective bargaining agreements to require pro rata accounting for actual collective bargaining and labor representation costs. Prohibits the inclusion of a union security provision in a collective bargaining agreement unless the labor organization provides each employee with annual written notice informing the employee or certain rights. The labor organization must also permit all members of the bargaining unit equal representation and may not use agency shop fees for political campaign contributions without affirmative authorization.

To implement the directive of the superior court by requiring that to use a fund or account where agency shop fees are commingled, the labor organization must have provided nonmembers with a rebate of agency shop fees that is equal to a pro-rata share of the average of the amount spent in contributions or expenditures to influence an election or to operate a political committee over the preceding three reported years plus a 3 % cushion; removes language from original bill defining when an agency does not use agency shop fees; removes the emergency clause.

To clarify the legislative findings that intend to specify limits on the use of agency shop fees. Allows labor organizations to use any fund or account from which payments or expenditures are made, and where agency shop fees are commingled, to make political campaign contributions, but only if all agency shop fees collected in the twelve months prior to the contribution have been refunded in full to those who did not affirmatively authorize such use. Provides definitions for: "agency shop fees"; "affirmatively authorized"; "use of agency shop fees"; and "expenditures to influence an election".

To require an affirmative authorization for political expenditures of nonmember fees, and defines "agency shop fees" and "affirmatively authorized".

To remove the emergency clause.

To prohibit labor organizations from using any funds for political contributions when such funds are commingled with agency shop fees. Removes emergency clause.

To remove the emergency clause and adds a referendum clause.