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HB 2409

Momentum Bucket Early Stage
Legal Title AN ACT Relating to placing agricultural employees under the jurisdiction of the public employment relations commission for the purpose of collective bargaining;
Bill Description Placing agricultural employees under the jurisdiction of the public employment relations commission for the purpose of collective bargaining.
What this bill does
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The bill creates a new chapter in Title 49 RCW establishing collective bargaining rights and procedures for agricultural employees and employers. It makes the Public Employment Relations Commission (PERC) a concurrent forum with superior courts to prevent and remedy violations of RCW 49.32.020, requires PERC to follow Washington case law in adjudications, and authorizes PERC to issue cease-and-desist orders and affirmative relief (including damages, reinstatement, and attorneys’ fees where wages are recovered). PERC must provide mediation on mutual request, may be invited to intervene in representative-selection or unit-merging disputes, and is directed to adopt rules to administer the chapter; actions by or on behalf of PERC follow chapter 34.05 RCW. The act creates new procedures for selecting and certifying exclusive bargaining representatives for agricultural bargaining units. It authorizes a cross-check certification if a farmworker labor organization has filed federal LM forms for two preceding years, is the lone claimant, and shows interest from more than 50% of unit employees; certified representatives must represent all employees in the unit. If cross-check conditions are not met, an election is triggered by an organization showing written proof of at least 30% support and PERC must hold the election within 10 days; the ballot must include organizations with written proof of at least 10% support and an option for employees to decline representation (text is incomplete). If no choice wins a majority, a runoff between the top two is required. The bill imposes time limits on raising representation questions, requires employers to bargain with certified representatives before changing wages/hours/conditions, provides mediation and fact-finding, preserves expired collective bargaining agreements (with limited exceptions), establishes a three-month bargaining period followed by mandatory interest arbitration if unresolved, sets procedures and timelines for arbitrator selection and hearings, makes arbitration determinations final and binding subject to limited superior court review, and states that chapter 49.08 RCW does not apply to this chapter. Sections 1–18 are added as a new chapter; the act also amends RCW 49.32.020 and RCW 5.60.060, but the specific amendment text for RCW 5.60.060 is not included in the provided material. Separately, the act (or related provisions in the same bill text) creates or clarifies multiple testimonial and communication privileges and their exceptions: spousal/domestic partner privilege exceptions, attorney-client privilege, parent/guardian privilege for communications with a child’s attorney in certain circumstances, clergy confessional privilege, physician-patient privilege with limited waivers, a peer supporter privilege for designated first responder and corrections peer support (with designation and other exceptions), sexual assault and domestic violence advocate privileges (including an exception permitting disclosure if failure to disclose creates a clear, imminent risk of serious physical injury or death and immunities for good-faith disclosures, while preserving statutory reporting duties), confidentiality protections for certain mental health professionals with enumerated exceptions, and a recovery fellowship sponsor privilege. The bill also creates a union representative–employee communication privilege with specific exceptions (it does not apply in regulatory, civil, or criminal actions against the union or its affiliates; does not protect admissions or intent to commit criminal conduct revealed by a represented member; does not override public records obligations under chapter 42.56 RCW; and must not interfere with statutory mandatory reporting duties under chapters 26.44, 43.101, and 74.34 RCW). Important gaps: the provided text is truncated in several places. The ballot language in section 10 is incomplete, the full text of the amendments to RCW 5.60.060 is not present, the specific content of RCW 49.32.020 being enforced is not included, and portions of the privileges provisions begin or end mid-sentence so some scope and limiting language cannot be confirmed from the extracts alone.
Why it matters
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If enacted, agricultural workers in Washington would gain clear, enforceable collective bargaining rights with fast, culturally and linguistically tailored procedures. Farmworker organizations that have filed federal LM forms can be certified quickly if they show support from over half the workers, while others can force an election after showing 30% support and get on the ballot with 10% support; elections must be held very quickly and runoff rules apply. Employers would have a new duty to bargain with certified representatives before changing wages, hours, or conditions, face deadlines that can lead to binding interest arbitration if no agreement is reached within months, and could be ordered to pay damages or reinstate workers if violations are found. Practically this means many agricultural employers will likely face new negotiating responsibilities, potential increased labor costs from arbitration or agreements, quicker complaint and enforcement timelines, and greater exposure to remedies and court enforcement; farmworker organizations gain faster paths to representation but must meet filing and showing thresholds. The bill also creates or clarifies confidentiality privileges for union communications, peer supporters, sexual assault and domestic violence advocates, certain mental health providers, and others, protecting many internal communications while explicitly preserving exceptions for admissions of criminal conduct, public records laws, and mandatory reporting duties (for example child abuse), so unions, first responder programs, and service providers will have stronger but limited protections for communications. Important implementation details are missing from the excerpts (the exact ballot wording, the specific text of the amended RCW sections, and the full definition cross-references), so some operational effects—such as how enforcement interfaces with existing statutes and how certain time windows will be applied—remain uncertain.
Official Documents View Full Bill Text
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HB 2409 Details and Bill Topics

Details

Date Introduced 01/13/2026
Originating Chamber House
Biennium 2025-26
Total Campaign Dollars Backing Bill $2,340,470.00

Bill Topics

HB 2409 Sponsors and Committee Hearings

Sponsors

Representative Mena (Primary)
Representative Street
Representative Parshley
Representative Berry
Representative Pollet
Representative Scott
Representative Simmons
Representative Santos
Representative Reed
Representative Hill
Representative Donaghy

Committee Hearings

Hearing House Labor & Workplace Standards (Public)
Go to HB 2409 at leg.wa.gov

HB 2409 Bill Timeline

Early Stage
1/12/2026
HLabor & Workpl
First reading, referred to Labor & Workplace Standards.

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