The state of Washington Office of Financial Management has issued guidance regarding potential union activity (concerted job actions) at state agencies and institutions of higher education.

We are aware of the potential for statewide union activity (concerted job action) that may be occurring during the workday, in the form of a walk out. This may occur before or after work, or at lunch time on Tuesday, September 10, 2024.  

It is not a violation of policy or procedures for employees to attend concerted job actions on non-work time, or on approved leave so long as persons participating in these events do not block ingress/egress into any work site, and such events do not disrupt business operations or impact student or staff safety. Non-work time includes scheduled lunch and scheduled other breaks. Employees must request and be approved for time off through normal departmental procedures for any work time outside of scheduled lunch or break time. 

Q&A

What constitutes a concerted job action?

A concerted job action is a temporary action by workers as a protest and means of forcing compliance with bargaining demands.  While some job actions are permissible, others are not. Determining which ones are permissible or impermissible requires a case-by-case analysis.

Examples of a concerted job action include, but are not limited to:

  • Walk-outs or strikes
  • Sick out
  • Work slowdowns
  • Sit-ins (workers occupy the workplace but do not work)
  • Picketing (informational pickets or otherwise)
  • Work-ins
  • Distribution of union pamphlets
  • Hanging Union posters on Union board or cubicles
  • Wearing union insignia (buttons/pins or shirts)

What job actions are generally permissible?

Wearing union insignia and apparel

Distributing union pamphlets before or after work

An employee walking out during their scheduled lunch, scheduled breaks or while on approved leave

Displaying union posters on union boards or in cubicles

What type of job actions does the law allow?

Job actions that:

  • Do not interfere with management’s orderly operations;
  • Do not block the ingress or egress to facilities; or
  • Do not physically harass or intimidate any individual accessing state facilities.

What, if any, response should agencies/institutions have to job actions, including picketing?

  • Any response should be measured, calm and reasonable, and done in consultation with your assigned Assistant Attorneys General within the Labor and Personnel Division of the AGO.
  • Unless the activity interferes with the orderly operation of the organization, ingress/egress, or involves physical harassment or intimidation of those accessing facilities, no response is necessary.
  • Do not take any action that would reasonably be interpreted as interfering, restraining, or being coercive.
  • Do not threaten employees with loss of jobs or benefits if they engage in union activity.
  • Do not question employees about their union activities or sympathies.

CAUTION:  Do not use any form of surveillance activities, including videotaping or recording names of those participating in meetings or job actions.

What can managers discuss with staff concerning any job actions, including a strike?

  • Managers should not state an opinion (express or implied) in support of, or opposition to, any job action by the union with staff whether represented or not. The best and safest course of action is to not discuss it at all. This includes any comments, positive or negative, about union insignia or apparel.
  • Regardless of your intent, any comments may be determined to be an unfair labor practice.
  • General direction to a work unit to explain attendance expectations, or reiterate agency policy on use of leave, is appropriate.
  • It is not recommended to wear union “colors” in solidarity or for managers or leadership to sign union petitions, and these actions could give rise to an unfair labor practice complaint.

May agency/institution managers contact union representatives to determine the union’s interest in taking a job action in a particular work unit, including a strike?

Yes.  Managers can have ongoing communication with their assigned union staff representative (not shop stewards who are agency employees) to determine how a job action may impact any work unit within their organization; however, this must be done in collaboration with WSU’s Labor Relations Office at hrs.labor@wsu.edu

Is it illegal for public employees to participate in a vote to determine whether to engage in a concerted job action if one of the options is to go on strike or otherwise refuse to perform duties?

  • No.  Even where a strike is prohibited by statute, the First Amendment of the United States Constitution guarantees the right to association with others and express one’s opinion, unless the expression creates “a clear and present danger.”  No court has yet held that advocating a strike, even an illegal strike, satisfies this standard.

The Collective Bargaining Agreement in effect may contain “no strike” language and agencies and institutions may remind employees of the agreed upon language.

What action can be taken if an employee fails to report to scheduled work or leave work without authorization?

All employees who fail to report to work as scheduled or leave work without authorization during job actions shall not receive pay unless they are on pre-authorized annual leave or on sick leave. All employees who fail to report to work as scheduled or leave work without authorization during job actions are subject to appropriate corrective and/or disciplinary action.

Who do agencies/institutions contact if there are questions related to any activities, strikes or other concerted job actions?

Human Resource Services Labor Relations will address questions related to activities, strikes or other job actions and consult with assigned Assistant Attorneys General within the Labor & Personnel Division of the AGO for legal advice.

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Questions?

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Email hrs.labor@wsu.edu