(1) The commission shall determine all questions pertaining to representation and shall administer all elections and be responsible for the processing and adjudication of all disputes that arise as a consequence of elections. The commission shall adopt rules that provide for at least the following:

     (a) Secret balloting;

     (b) Consulting with employee organizations;

     (c) Access to lists of employees, job classification, work locations, and home mailing addresses;

     (d) Absentee voting;

     (e) Procedures for the greatest possible participation in voting;

     (f) Campaigning on the employer's property during working hours; and

     (g) Election observers.

     (2)(a) If an employee organization has been certified as the exclusive bargaining representative of the employees of a bargaining unit, the employee organization may act for and negotiate master collective bargaining agreements that will include within the coverage of the agreement all employees in the bargaining unit as provided in RCW 41.80.010(2)(a). However, if a master collective bargaining agreement is in effect for the exclusive bargaining representative, it shall apply to the bargaining unit for which the certification has been issued. Nothing in this section requires the parties to engage in new negotiations during the term of that agreement.

     (b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education.

     (3) The certified exclusive bargaining representative shall be responsible for representing the interests of all the employees in the bargaining unit. This section shall not be construed to limit an exclusive representative's right to exercise its discretion to refuse to process grievances of employees that are unmeritorious.

     (4) No question concerning representation may be raised if:

     (a) Fewer than twelve months have elapsed since the last certification or election; or

     (b) A valid collective bargaining agreement exists covering the unit, except for that period of no more than one hundred twenty calendar days nor less than ninety calendar days before the expiration of the contract.

[2002 c 354 § 309.]