Bill
SB 5238
Extends PECBA collective bargaining rights to student employees at CWU, EWU, WWU, and Evergreen, enabling union terms for teaching/research roles with limited exclusions.
Status: Enacted (Chapter 115, 2023 Laws). Governor signed April 20, 2023; effective immediately (emergency clause).
Purpose and intent
- Extends collective bargaining rights under the Public Employees’ Collective Bargaining Act (PECBA, chapter 41.56 RCW) to certain student employees at Central Washington University (CWU), Eastern Washington University (EWU), Western Washington University (WWU), and The Evergreen State College (Evergreen).
- Brings parity with prior laws that granted similar rights to student employees at the University of Washington (2002) and Washington State University (2008).
- Seeks to promote cooperative labor relations while preserving institutional shared governance and core academic decisionmaking.
Key provisions
- Applicability: Adds employees who are enrolled in an academic program at CWU, EWU, WWU, or Evergreen and whose duties are substantially equivalent to:
- graduate teaching assistants, teaching assistants, graduate staff assistants;
- tutors, readers, graders (including tutoring centers);
- lab assistants, faculty assistants, research assistants; and
- graduate research assistants, except those performing research primarily for their dissertation with little or no service expectations.
- Appropriate bargaining units: Those covered employees constitute appropriate bargaining units at each individual institution.
- Scope and exclusions: Collective bargaining may cover typical employment matters, but expressly excludes:
- termination based on not meeting academic requirements;
- the amount of tuition and fees (though tuition/fee remission and waivers may be bargained);
- the academic calendar; and
- class/section admission caps (number of students admitted).
- Compensation limits: Compensation provisions in agreements may not exceed amounts or percentages established by the Legislature in the appropriations act; employers may voluntarily provide additional compensation above those limits. If appropriations change and affect compensation provisions, the parties must bargain to replace affected terms.
- Institutional prerogatives preserved: The act does not restrict faculty functions, student organizations’ roles outside bargaining scope, or institutional discretion over admissions, degree criteria, curriculum content, grading, and program organization. The list of excluded matters is not intended to be exhaustive.
Procedural and fiscal notes
- No state appropriation was included in the bill; a fiscal note was prepared and is available.
- The bill invokes PECBA procedures administered by the Public Employment Relations Commission for organizing and bargaining.
- Public testimony at hearings was supportive; committees issued “do pass” recommendations. No recorded opposition in committee reports.
Who is affected
- Student employees at CWU, EWU, WWU, and Evergreen performing instructional, research, or related academic services in the enumerated classifications; university administrations; existing unions and potential new bargaining representatives; and students served by these employees.
Legislative action snapshot
- Passed Senate (Mar. 2, 2023) and House (Apr. 6, 2023). Delivered to Governor Apr. 14, 2023; signed and effective Apr. 20, 2023 (emergency clause).
Note: This summary describes the 2023 enactment (Chapter 115) that extended PECBA coverage to regional university student employees. (The SB 5238 number was later used in other sessions for different proposals.)
Compiled from official sources — confirm details with the bill’s official record.
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