Engrossed Substitute House Bill 2471 creates a new chapter in Title 49 RCW and amends RCW 49.32.020 and RCW 5.60.060 to provide a state regulatory framework for private-sector labor-management relations if federal law ceases to preempt state regulation. The bill authorizes the Public Employment Relations Commission to certify exclusive bargaining representatives and determine appropriate bargaining units using either a cross-check process (certification on a showing of interest by more than 50%) or a secret ballot election (triggered by written proof of 30% support with 10% thresholds to appear on the ballot), requires any certified representative to represent all employees in the unit, and limits when representation questions may be raised (none within one year; if a collective bargaining agreement is in effect, challenges generally only 60–90 days before expiration). The bill creates detailed procedural rules and remedies: federal-era collective bargaining agreements remain binding; employers must bargain with a certified representative before changing wages, hours, or working conditions; expired agreements remain in force until renegotiated except for strike/lockout prohibitions; unresolved disputes must be submitted to interest arbitration after six months (with procedures for selecting arbitrators, hearing schedules, evidence, subpoenas, written findings, and limited superior court review). The commission may issue cease-and-desist orders and affirmative relief (damages, reinstatement, attorneys’ fees), and may share concurrent jurisdiction with superior courts to prevent and remedy violations of RCW 49.32.020. The commission is required to offer mediation on mutual request and may provide arbitrators; the chapter preserves the right to strike but imposes a 10-day notice requirement for actions at health care institutions. The bill also amends evidentiary privilege law (RCW 5.60.060) and establishes a new privilege protecting communications between employees and union representatives, subject to five stated exceptions and not overriding public records laws or mandatory reporting duties (including chapters 26.44, 43.101, and 74.34 RCW). Other specified privileges are added or clarified for spouses/domestic partners, attorneys, clergy, physicians, peer supporters, sexual assault and domestic violence advocates, certain mental health professionals, and others; some privilege language is incomplete in the available text. Important details are missing from the extracted materials, including the act’s effective date, the complete amended text of RCW 49.32.020, a partially cut off provision in section 12(2), and the full sponsor privilege language that was truncated.

If federal law stops preventing Washington from regulating private-sector labor relations, this bill would put the state’s Public Employment Relations Commission (PERC) in charge of recognizing unions and enforcing bargaining rights for employers and employees who had previously been under federal law. Practically, unions that were the exclusive representative under federal law can get prompt state certification (verification aimed within one month); new certifications can be done by a >50% cross‑check or by secret ballot if a group shows 30% support; once certified employers must bargain before changing wages, hours, or working conditions and, if no agreement is reached within six months, disputes go to interest arbitration that can produce a binding agreement. PERC can order cease-and-desist relief, damages, reinstatement, and attorneys’ fees and seek court enforcement; existing federal collective bargaining agreements remain binding until renegotiated, and strikes at health care institutions require 10 days’ notice. The groups most affected are private employers formerly under NLRA jurisdiction, labor organizations and their members, and PERC itself. Employers face new ongoing obligations to bargain, faster deadlines for responding to representation petitions, exposure to binding interest arbitration and potential monetary remedies and fee awards, and likely increased legal and negotiation costs; unions gain clearer paths to state certification and protection from repeated representation challenges for a year or while a valid contract exists. PERC will need more staff, rulemaking, and casework capacity to run certifications, mediation, interest arbitration, and enforcement, while superior courts will share enforcement and limited review duties. Important implementation details are missing from the provided text — including the act’s effective date, some referenced sections and the full amended language of RCW 49.32.020 and parts of the privilege rules — so the timing and exact scope of these changes are uncertain.