Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means any agency as defined in RCW 41.06.020
and covered by chapter 41.06 RCW.
(2) "Collective bargaining" means the performance of the
mutual obligation of the representatives of the employer and the
exclusive bargaining representative to meet at reasonable times
and to bargain in good faith in an effort to reach agreement with
respect to the subjects of bargaining specified under RCW 41.80.020. The obligation to bargain does not compel either
party to agree to a proposal or to make a concession, except as
otherwise provided in this chapter.
(3) "Commission" means the public employment relations
commission.
(4) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists in a confidential
capacity persons who formulate, determine, and effectuate
management policies with regard to labor relations or who, in the
regular course of his or her duties, has authorized access to
information relating to the effectuation or review of the
employer's collective bargaining policies, or who assists or aids
a manager. "Confidential employee" also includes employees who
assist assistant attorneys general who advise and represent
managers or confidential employees in personnel or labor
relations matters, or who advise or represent the state in tort
actions.
(5) "Director" means the director of the public employment
relations commission.
(6) "Employee" means any employee, including employees whose
work has ceased in connection with the pursuit of lawful
activities protected by this chapter, covered by chapter 41.06 RCW, except:
(a) Employees covered for collective bargaining by chapter 41.56 RCW;
(b) Confidential employees;
(c) Members of the Washington management service;
(d) Internal auditors in any agency; or
(e) Any employee of the commission, the office of financial
management, or the office of risk management within the
department of enterprise services.
(7) "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.
(8) "Employer" means the state of Washington.
(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) "Institutions of higher education" means the University
of Washington, Washington State University, Central Washington
University, Eastern Washington University, Western Washington
University, The Evergreen State College, and the various state
community colleges.
(11) "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.
(12) "Manager" means "manager" as defined in RCW 41.06.022.
(13) "Supervisor" means an employee who has authority, in
the interest of the employer, to hire, transfer, suspend, lay
off, recall, promote, discharge, direct, reward, or discipline
employees, or to adjust employee grievances, or effectively to
recommend such action, if the exercise of the authority is not of
a merely routine nature but requires the consistent exercise of
individual judgment. However, no employee who is a member of the
Washington management service may be included in a collective
bargaining unit established under this section.
(14) "Unfair labor practice" means any unfair labor practice
listed in RCW 41.80.110.
[2011 1st sp.s. c 43 § 444; 2002 c 354 § 321.]
NOTES:
Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.