| 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. |
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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 places those employees and employers under the jurisdiction of the Public Employment Relations Commission. It defines key terms (agricultural employee, agricultural employer, farmworker labor organization, bargaining representative, collective bargaining, and company union), makes it an unfair labor practice for employers or farmworker labor organizations to interfere with the rights created by the chapter, and directs the commission to decide certification and bargaining-unit questions using specified factors.
The bill establishes two certification procedures: a cross‑check (available where a farmworker labor organization has filed federal LM forms for the prior two years, is the sole organization seeking certification for a unit with no incumbent, and shows more than 50% interest) and a secret-ballot election (triggered by a 30% showing, with the commission required to hold the election within 10 calendar days and include on the ballot any organization showing at least 10% support and an option for no representation). If no choice among three or more options receives a majority, a runoff between the top two is required. The bill requires employers to bargain with certified exclusive representatives before changing wages, hours, or conditions, creates mediation and fact-finding roles for the commission, and mandates interest arbitration if parties fail to reach agreement within specified time limits. The arbitration process, timelines, subpoena and enforcement powers, criteria arbitrators may consider, fee-splitting, and limited grounds for superior court review are specified. The commission is given rulemaking authority, must provide multilingual signage of rights, and may not charge fees for services under the chapter.
The act also amends RCW 5.60.060 to restate spouse/domestic partner testimonial privilege and certain exceptions and includes a number of privilege provisions for other communications (including clergy, medical providers, peer supporters, sexual assault and domestic violence advocates, certain mental health professionals, sponsors in recovery fellowships, and communications between employees and union representatives) with enumerated exceptions and limits; it also clarifies that the new causes of action and remedies are in addition to other rights. Important portions of the text are incomplete or missing in the provided extracts: some election procedure language was cut off in one excerpt and the amendment to RCW 5.60.060 is truncated, so full details of those provisions and any additional sections or enforcement mechanisms not shown here are uncertain.
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Why it matters
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If enacted, farmworkers in Washington would gain a clear, state-run path to form or be represented by farmworker labor organizations under the Public Employment Relations Commission (PERC). Unions can be certified either quickly through a cross-check if they meet federal LM filing and support thresholds or by a secret-ballot election on an expedited schedule; once certified the employer must bargain before changing wages, hours, or working conditions, and if no agreement is reached within set deadlines the dispute can be sent to binding interest arbitration. The commission will run certifications, mediate disputes, provide fact-finding, set rules, and must produce multilingual signage explaining these rights for distribution to covered employers.
The groups most affected are agricultural employers, agricultural employees, farmworker labor organizations, and PERC. Employers will face new responsibilities to recognize and bargain with certified representatives, potential costs from collective bargaining and arbitration (arbitration fees are split when private providers are used), and risks of being charged with unfair labor practices if they interfere with organizing or refuse to bargain; they also lose the option to unilaterally change terms for represented workers. Farmworker organizations gain faster routes to representation but must meet filing or support thresholds and are bound to bargaining obligations and unfair-practice limits. PERC will need to handle faster elections, mediations, rulemaking, multilingual outreach, and arbitration appointments. Important details are missing from the excerpt—complete election tie-break rules, enforcement remedies and penalties, and an effective date are not shown—so the timing and some enforcement consequences remain uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/09/2026 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $6,442,848.00 |
| AGRICULTURE |
| LABOR |
| PUBLIC EMPLOYMENT RELATIONS COMMISSION |
| Hearing | Senate Labor & Commerce (Public) |
| Hearing | Senate Labor & Commerce (Executive) |
| Hearing | Senate Ways & Means (Public) |
| Hearing | Senate Ways & Means (Executive) |