(1) Solely for the purposes of negotiated rule making pursuant to RCW 34.05.310(2)(a) and * 43.215.350, a statewide unit of all family child care licensees is appropriate. As of June 7, 2006, the exclusive representative of family child care licensees in the statewide unit shall be the representative selected as the majority representative in the election held under the directive of the governor to the secretary of the department of social and health services, dated September 16, 2005. If family child care licensees seek to select a different representative thereafter, the family child care licensees may request that the American arbitration association conduct an election and certify the results of the election.

(2) In enacting this section, the legislature intends to provide state action immunity under federal and state antitrust laws for the joint activities of family child care licensees and their exclusive representative to the extent such activities are authorized by this chapter.

*Reviser's note: RCW 43.215.350 was recodified as RCW 43.216.370 pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.