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Evergreen Ledger

SSB 6117

In Committee

Senate

Collective bargaining

Concerning collective bargaining for employees not covered by the national labor relations act.

This status may be delayed. See Action History below for the latest updates.

How does a bill become law?
  1. Introduced: The bill is filed and assigned a number.
  2. Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
  3. Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
  4. Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
  5. Governor: The Governor reviews the bill and decides whether to sign or veto it.
  6. Signed: The bill has been signed into law.
Introduced: January 29, 2026
Last Action: February 26, 2026
Status: S Rules X
Companion Bill:
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AI Analysis

This analysis was generated by AI and may contain errors. It is not legal advice. Always refer to the official bill text for authoritative information.
People & CommunitiesPeople-leaningCorporate & Wealthy Interests

This bill establishes a new state-level framework for collective bargaining rights and dispute resolution for private-sector workers not covered by federal labor laws—such as small business employees, agricultural workers, and domestic workers—by creating a new chapter in state law and empowering the Public Employment Relations Commission to oversee union organizing, certification, bargaining, and arbitration. It also strengthens legal protections for confidential union-employee communications and adds specific rules for health care and construction industries.

  • Creates a new state law (Chapter 49.32 RCW) to govern collective bargaining for private-sector employees not covered by federal labor laws (e.g., small businesses, agricultural, domestic, and some gig workers).
  • Grants the Public Employment Relations Commission (PERC) authority to certify unions, conduct elections or cross-checks to determine majority support, and resolve disputes over appropriate bargaining units.
  • Requires employers to bargain in good faith with certified unions and prohibits unilateral changes to wages, hours, or working conditions once a union is certified.
  • Establishes a mandatory interest arbitration process if no agreement is reached within six months of certification or contract expiration, with arbitrators empowered to impose a binding contract.
  • Expands the attorney–client-style privilege to protect confidential communications between union representatives and employees during union representation—subject to exceptions for imminent harm or criminal conduct.
  • Requires health care employers to receive 10-day advance notice before a strike and allows special collective bargaining agreements in the building and construction industry without prior majority union certification.

Who is affected

  • Private-sector employees not covered by federal labor law — Employees in private-sector jobs not covered by federal labor laws (e.g., small businesses, agricultural workers, domestic workers, some gig workers) gain formal rights to organize, bargain collectively, and resolve disputes through a state-level process.
  • Private-sector employers not covered by federal labor law — Employers in industries not regulated by federal labor law must engage in good-faith collective bargaining and follow new state procedures for union recognition and dispute resolution.
  • Labor organizations — Labor unions gain formal recognition and legal tools to organize, be certified as exclusive bargaining representatives, and enforce bargaining rights through the state.
  • Public Employment Relations Commission (PERC) — The Public Employment Relations Commission (PERC) gains expanded authority to oversee union certification, mediate disputes, conduct elections, and enforce labor rights for private-sector workers.
  • Health care and building/construction industry workers and employers — Health care workers and employees in building/construction industries gain specific procedural protections, including advance notice requirements for strikes and special rules for union agreements in construction.
Effective: July 1, 2026Fiscal impact: The bill requires the Public Employment Relations Commission to hire additional staff and resources to handle new responsibilities—including union certification, elections, mediation, and arbitration—potentially increasing state costs. However, no specific dollar amount is provided in the bill text.
Model: Intel/Qwen3-Coder-Next-int4-AutoRoundGenerated: Mar 19, 2026 at 9:40 PM

Pro/Con Analysis

Stronger case for benefits

Potential Benefits (5)

  • Extends formal collective bargaining rights to historically excluded workers—including agricultural, domestic, gig, and small business employees—who currently lack federal NLRA coverage and have minimal recourse to organize or challenge unfair labor practices.

    Rights & LibertiesPeopleRef: NEW SECTION. Sec. 2, 3, 6–13

  • Mandates good-faith bargaining and prohibits unilateral changes to wages/hours after certification, strengthening job security and reducing employer leverage in negotiations for low-wage and precarious workers.

    Business & EmploymentPeopleRef: NEW SECTION. Sec. 14(2)–(4), 15

  • Interest arbitration provides a structured, time-bound path to resolve deadlocked negotiations, reducing prolonged uncertainty and strike threats that disproportionately harm hourly and part-time workers in volatile sectors.

    Business & EmploymentPeopleRef: NEW SECTION. Sec. 15(1)

  • The 10-day advance strike notice for health care institutions allows facilities to mobilize contingency staffing and maintain minimum safe staffing levels, protecting patient access and continuity of care during labor disputes.

    Public SafetyPeopleRef: NEW SECTION. Sec. 17

  • Extends attorney–client-style privilege to union–employee communications, encouraging candid advice and protecting workers from employer retaliation or coercive discovery during organizing or grievance processes.

    Rights & LibertiesLean peopleRef: NEW SECTION. Sec. 22(11)
Potential Concerns (5)

  • Mandatory interest arbitration after six months of bargaining imposes binding contracts on employers without their consent, potentially overriding market-based wage and cost controls—especially impactful for small businesses with limited pricing power.

    Business & EmploymentPeopleRef: NEW SECTION. Sec. 14(4)

  • Arbitrators may consider employer ability to pay, comparable wages, and cost of living—but the process is adversarial and time-bound, increasing legal/operational uncertainty and compliance costs for small employers who lack legal infrastructure to negotiate or appeal effectively.

    Business & EmploymentPeopleRef: NEW SECTION. Sec. 15(1)

  • The 10-day advance strike notice requirement for health care institutions may improve safety planning but also enables coordinated work stoppages that could disrupt emergency and critical care access for vulnerable patients, especially in rural or under-resourced areas.

    Public SafetyPeopleRef: NEW SECTION. Sec. 17

  • The construction industry exception allowing agreements without majority certification may disproportionately benefit large, unionized contractors and national unions by entrenching preferential hiring halls and training requirements that can exclude non-union workers (including minorities and immigrants) from employment opportunities.

    Business & EmploymentPeopleRef: NEW SECTION. Sec. 18

  • Expanding attorney–client-style privilege to union–employee communications may hinder transparency in workplace investigations or criminal proceedings where union representatives are involved, potentially shielding misconduct or obstructing due process in serious cases (e.g., harassment, assault).

    Rights & LibertiesLean peopleRef: NEW SECTION. Sec. 22(11)(a)

Who Is Most Affected

Private-sector employees not covered by federal labor lawPositive Impact

Agricultural, domestic, gig, and small business employees gain formal rights to unionize, bargain, and access dispute resolution—especially impactful for those currently excluded from federal labor protections. However, some may face employer resistance or delayed implementation if employers challenge certification processes.

Private-sector employers not covered by federal labor lawMixed Impact

Small employers (e.g., restaurants, farms, households) gain less leverage in wage/condition negotiations and face new administrative burdens (e.g., certification elections, arbitration). Large employers may absorb costs more easily, but small firms may struggle with legal compliance and arbitration outcomes.

Labor organizationsPositive Impact

Unions gain legal authority to organize, certify, and enforce bargaining rights across previously uncovered sectors. This expands membership potential but also increases legal responsibilities and exposure to arbitration.

Public Employment Relations Commission (PERC)Mixed Impact

PERC gains significant new authority over private-sector labor relations, requiring new staffing and infrastructure. This expands its role but may strain current resources and create delays in certification or dispute resolution.

Health care and building/construction industry workers and employersMixed Impact

Health care workers gain procedural protections (e.g., advance strike notice) and may see improved bargaining leverage; employers gain predictability in strike planning. Construction workers may benefit from union hiring pathways but could face barriers to entry under special agreements.