Section 44.90.020 - DefinitionsThe definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Collective bargaining" means the performance of the mutual obligations of the employer and the exclusive bargaining representative to meet at reasonable times, except that neither party may be compelled to negotiate during a legislative session or on committee assembly days, to confer and negotiate in good faith, and to execute a written agreement with respect to the subjects of bargaining specified under RCW 44.90.090. The obligation to bargain does not compel either party to agree to a proposal or to make a concession unless otherwise provided in this chapter.(2) "Commission" means the legislative commission created in RCW 41.58.100 at the public employment relations commission, until the legislative commission expires on December 31, 2027. After December 31, 2027, "commission" means the public employment relations commission created under RCW 41.58.010(1).(3) "Confidential employee" means an employee designated by the employer: (a) To assist in a confidential capacity, or serve as counsel to, persons who formulate, determine, and effectuate employer policies with regard to labor relations and personnel matters; or(b) who as part of the employee's job duties has authorized access to information that contributes to the development of, or relates to the effectuation or review of, the employer's collective bargaining policies, strategies, or process; or(c) who assists or aids an employee with managerial authority.(4) "Director" means the director of the office of state legislative labor relations.(5)(a) "Employee" means:(i) Any regular partisan employee of the house of representatives or the senate who is covered by this chapter; and(ii) Any regular employee who is staff of the:(A) Office of legislative support services;(B) Legislative service center;(C) Office of the code reviser who, during any legislative session, does not work full time on drafting and finalizing legislative bills to be included in the Revised Code of Washington; and(D) House of representatives and senate administrations.(b) "Employee" also includes temporary staff hired to perform substantially similar work to that performed by employees included under (a) of this subsection.(c) All other regular employees and temporary employees, including casual employees, interns, and pages, and employees in the office of program research and senate committee services work groups of the house of representatives and the senate are excluded from the definition of "employee" for the purposes of this chapter.(6) "Employee organization" means any organization, union, or association in which employees participate and that exists for the purpose, in whole or in part, of collective bargaining with employers.(7) "Employee with managerial authority" means any employee designated by the employer who, regardless of job title: (a) Directs the staff who work for a legislative chamber, caucus, agency, or subdivision thereof;(b) has substantial responsibility in personnel administration, or the preparation and administration of the employer's budgets; and(c) exercises authority that is not merely routine or clerical in nature and requires the use of independent judgment.(8) "Employer" means:(a) The chief clerk of the house of representatives, or the chief clerk's designee, for employees of the house of representatives;(b) The secretary of the senate, or the secretary's designee, for employees of the senate; and(c) The chief clerk of the house of representatives and the secretary of the senate, acting jointly, or their designees, for the regular employees who are staff of the office of legislative support services, the legislative service center, and the office of the code reviser.(9) "Exclusive bargaining representative" means any employee organization that has been certified under this chapter as the representative of the employees in an appropriate bargaining unit.(10) "Labor dispute" means any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment with respect to the subjects of bargaining provided in this chapter, regardless of whether the disputants stand in the proximate relation of employer and employee.(11) "Legislative agencies" means the joint legislative audit and review committee, the statute law committee, the legislative ethics board, the legislative evaluation and accountability program committee, the office of the state actuary, the legislative service center, the office of legislative support services, the joint transportation committee, and the redistricting commission.(12) "Office" means the office of state legislative labor relations.(13) "Supervisor" means an employee designated by the employer to provide supervision to legislative employees as part of the employee's regular and usual job duties. Supervision includes directing employees, approving and denying leave, and participating in decisions to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, or to adjust employee grievances, when the exercise of the authority is not of a merely routine nature but requires the exercise of individual judgment, regardless of whether such duties are the employee's primary duties and regardless of whether the employee spends a preponderance of the employee's time exercising such duties. However, "supervisor" does not include a legislative assistant to a legislator of the senate or house of representatives.Amended by 2024 c 333,§ 1, eff. 5/1/2024.Added by 2022 c 283,§ 3, eff. 5/1/2024.Effective date- 2024 c 333 : See note following RCW 44.90.025.