Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1967 NO. 15 >

(1) The requirement of chapter 39.12 RCW that "the prevailing rate of wage" be paid to laborers, workmen or mechanics upon all public works of the state, or any county, municipality or political subdivision, is applicable to labor performed in off-the job site prefabrication by employees of the prime contractor, subcontractors, or other persons doing or contracting to do the whole or any part of the work contemplated by the contract -provided that the prefabricated "item or member" is produced specially for the particular public works project and not merely as a standard item for sale on the general market. (2) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries. (3) The standards to be used in determining the prevailing rate of wage are set forth in full in RCW 39.12.010.

AGO 1974 NO. 18 >

In the case of a hotel or restaurant that is subject to both the Washington minimum wage act and the federal fair labor standards act, that hotel or restaurant, as an employer, is required to pay its eligible employees at least the $1.80 per hour minimum wage now required by RCW 49.46.020 even though a lesser minimum hourly wage could be paid under the federal act because of the credits for tips, board and lodging that are allowed under that act.

AGLO 1975 NO. 18 >

A community college district may not adopt a regulation under which those academic employees working full time would each be allocated one full vote, those employed two-thirds of full time would be allotted two-thirds of a vote, and those employed less than two-thirds of full time would be allocated one‑third of a vote in the election of their recognized bargaining representative under chapter 28B.52 RCW.

AGO 1974 NO. 19 >

An initial collective bargaining agreement executed under chapter 41.56 RCW between a county, municipality or political subdivision and the bargaining representative of its employees may contain a provision whereby the salary or wage rates therein agreed upon will be payable for services previously rendered, from and after a designated date prior to its execution, but only if there was in existence during that previous period some kind of agreement that the wages received for their work performed between the date of such agreement and the execution of the collective bargaining agreement are not to be considered to be their full compensation; and no such agreement or understanding can be found from the mere act of certification or recognition of a bargaining agent under RCW 41.56.080.

AGO 1975 NO. 20 >

(1) Because the governor's veto of § 2 of Substitute Senate Bill No. 2408 (chapter 296, Laws of 1975, 1st Ex. Sess.), the public agencies now responsible for the performance of the functions thereby proposed by this act to be transferred to a new "public employment relations commission" will continue to perform those functions after September 8, 1975, in the absence of further legislative action.  (2) In view of the governor's veto of § 4 of Substitute Senate Bill No. 2500 (chapter 288, Laws of 1975, 1st Ex.Sess.), certificated school district employees will, in the absence of further legislative action, continue after January 1, 1976, to be governed by the provisions of the school employees' professional negotiations act (chapter 28A.72 RCW), notwithstanding the express repeal thereof by the 1975 act, except to the extent that such provisions of the new law as are unaffected by the veto are in conflict with the earlier law.  (3) Administration of the provisions of chapter 288, Laws of 1975, 1st Ex. Sess., and chapter 296, Laws of 1975, 1st Ex. Sess., following their respective effective dates, by a new state agency will be unnecessary unless the governor's vetoes of portions thereof are overridden by the legislature or the vetoed sections are reenacted in a different form.

AGO 1968 NO. 20 >

(1) A written agreement between an employer and employee under which the employer is entitled to deduct sums of money from the employee's wages due or to become due for the purpose of obtaining payment of amounts owed by the employee in connection with credit previously advanced by the employer to the employee, does not violate the provisions of RCW 49.52.050, relating to unlawful wage rebates. (2) RCW 49.48.090 relating to the filing of wage assignments or orders with the county auditor does not apply to such a written agreement. (3) RCW 49.48.100 requiring a wife's written consent for wage assignments or orders is applicable to such an agreement where the employee is a married man.

AGLO 1975 NO. 23 >

Extent to which a refusal by a state legislator to cross a picket line of striking state employees in order to attend a legislative session would constitute a violation of the legislator's oath of office.

AGLO 1981 NO. 25 >

The provisions of chapter 344, Laws of 1981, do not violate the requirements of 49 U.S.C. § 1609(C) or of "§ 13(C) agreements" signed in compliance therewith by the Washington State Department of Transportation.

AGLO 1976 NO. 35 >

(1) A community college may not restrict enrollments in courses commonly known as "related apprenticeship training" solely to students who are "registered apprentices" pursuant to chapter 49.04 RCW and chapter 296-04 WAC. (2) A community college may not apply the tuition and fee schedule set forth in WAC 131-28-026(1) to students who are registered apprentices pursuant to chapter 49.04 RCW and chapter 296-04 WAC, but whose program of studies consists of graded courses taken for credit and selected from the regular college curriculum rather than those courses specifically designated as apprenticeship related training courses.

AGLO 1973 NO. 38 >

A public utility district under RCW 54.04.170 and 54.04.180 may engage in collective bargaining with its employees in regard to the manner in which any reduction in the district's work force is to be accomplished, but may only agree to procedures which are consistent with its statutory authority and governing constitutional limitations.