HB 2409
In CommitteeHouse
Agricultural employees/PERC
Placing agricultural employees under the jurisdiction of the public employment relations commission for the purpose of collective bargaining.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill extends full collective bargaining rights to agricultural workers in Washington State by placing them under the jurisdiction of the Public Employment Relations Commission (PERC). It establishes procedures for union certification, good-faith bargaining, and binding arbitration if agreements aren’t reached, while accounting for barriers like seasonal work and limited English proficiency.
- Extends collective bargaining rights to agricultural employees, including those who pack, process, or distribute agricultural products.
- Defines 'agricultural employees' broadly (excluding supervisors, managers, and family members) and 'agricultural employers' to include anyone who hires such workers.
- Grants the Public Employment Relations Commission (PERC) authority to oversee representation elections (via cross-check or secret ballot), certify bargaining representatives, and prevent unfair labor practices.
- Requires employers to bargain in good faith after a union is certified; if no agreement is reached within three months, the dispute goes to binding interest arbitration.
- Allows farmworker labor organizations to seek representation through a 'cross-check' (if they’ve filed federal forms for two years) or a secret-ballot election (if 30% support is shown).
- Prohibits 'company unions' (employer-created or controlled groups) from serving as bargaining representatives and protects workers’ right to strike.
Who is affected
- Agricultural employees — Agricultural workers who perform tasks such as farming, canning, processing, packing, or distributing agricultural products, meat, fish, or perishable foods — including those who have stopped working due to employer violations — will gain new rights to organize, choose representatives, and bargain collectively over wages, hours, and working conditions.
- Agricultural employers — Farm owners and operators who employ agricultural workers will be required to engage in good-faith collective bargaining with certified farmworker labor organizations and may be subject to binding arbitration if agreements cannot be reached within three months.
- Farmworker labor organizations — Farmworker labor organizations (e.g., unions or worker committees) that meet certain criteria will gain the right to represent agricultural employees, seek certification as exclusive bargaining representatives, and use expedited procedures like cross-checks or elections to gain recognition.
- Public Employment Relations Commission (PERC) — The Public Employment Relations Commission (PERC) will gain new authority to oversee agricultural labor relations, including investigating violations, certifying bargaining representatives, mediating disputes, and conducting binding interest arbitration.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Extends full collective bargaining rights to agricultural workers — historically excluded from labor protections — including those who pack, process, or distribute agricultural products, thereby affirming their right to organize and negotiate over wages, hours, and working conditions without employer interference.
Rights & LibertiesPeopleRef: Sec. 2 & Sec. 3(1)(a)Provides two accessible pathways to union certification — a cross-check (for organizations with two years of federal filings) or a secret-ballot election (at 30% support) — designed to overcome barriers like seasonal work, language limitations, and fear of retaliation, increasing democratic participation in workplace governance.
Rights & LibertiesPeopleRef: Sec. 9 & Sec. 10Prohibits 'company unions' and guarantees the right to strike, strengthening worker autonomy and reducing employer coercion — which is especially important given the historically high rates of wage theft, unsafe conditions, and intimidation in Washington’s agricultural sector.
Public SafetyPeopleRef: Sec. 15 & Sec. 13(1)Mandates good-faith bargaining and binding arbitration after 3 months, which — while costly — helps prevent prolonged, disruptive labor disputes that could destabilize food supply chains and cause price spikes for consumers, especially for perishable goods.
FinancialPeopleRef: Sec. 13(3) & Sec. 14(1)Broadly defines 'agricultural employee' to include those who have stopped working due to employer violations, ensuring protection for whistleblowers and those subjected to illegal retaliation — reinforcing labor rights in an industry with high rates of wage theft and fear-based control.
Rights & LibertiesPeopleRef: Sec. 3(1)(a) & Sec. 3(1)(b)
Potential Concerns (5)
Mandates binding interest arbitration after 3 months of impasse, with costs split between parties; however, the legislature did not appropriate new funding for PERC’s arbitration services, meaning costs may be absorbed from existing budgets or require future tax increases — disproportionately affecting small farms and low-margin operations that cannot absorb unexpected legal/administrative costs.
FinancialPeopleRef: Sec. 13(3) & Sec. 14(2)Binding arbitration can produce outcomes that neither party accepts, potentially increasing labor tension and reducing flexibility in responding to seasonal or emergency labor needs — especially problematic for small farms with limited labor buffers, where rigid contract terms could disrupt harvest timing or food safety protocols.
Public SafetyPeopleRef: Sec. 13(3) & Sec. 14(2)The requirement to submit final proposals at impasse and have them imposed by an arbitrator may reduce employers’ ability to adjust wages and working conditions based on real-time market conditions (e.g., commodity prices, labor shortages), potentially reducing competitiveness for small or marginally profitable farms.
Business & EmploymentLean peopleRef: Sec. 14(1) & Sec. 14(4)Excludes family members within third-degree consanguinity from coverage, which disproportionately benefits larger agribusinesses that can afford to hire non-family managers and may incentivize restructuring to avoid unionization — while small, family-run farms remain fully exposed to bargaining obligations.
Business & EmploymentLean peopleRef: Sec. 3(1)(c)(iii)The bill imposes new administrative and legal responsibilities on PERC without specifying new funding, potentially diverting resources from other public employment relations functions — indirectly affecting local governments that rely on PERC for dispute resolution in public-sector labor relations.
Local GovernmentLean peopleRef: Sec. 19 (fiscal impact note)
Who Is Most Affected
Low-wage, often limited-English-proficient agricultural workers — including seasonal, H-2A, and undocumented workers — stand to gain significant improvements in workplace voice, wage fairness, and protection from retaliation. However, undocumented workers may remain vulnerable to employer retaliation despite legal protections, and language/cultural barriers may delay full participation.
Small and mid-sized farms with thin margins may face increased labor costs and reduced flexibility in managing seasonal workloads. Large agribusinesses may absorb costs more easily and could benefit from standardized contracts that reduce turnover and training costs — but may resist unionization to preserve control over labor practices.
Existing farmworker unions (e.g., United Farm Workers, Local 7) gain formal recognition tools and legal standing. New or smaller worker-led organizations may also benefit from the cross-check option, but may lack resources to navigate PERC procedures without external support.
PERC gains new authority but faces budgetary strain without dedicated funding. Staff may need retraining to handle agricultural-specific labor dynamics, potentially slowing resolution of other public-sector disputes. However, the agency gains a more equitable mandate aligned with modern labor realities.