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The following penalties apply:

A. Each day of failure to implement the CTR program shall constitute a separate violation. Any violation of this chapter shall be fined $250.00.

B. An employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:

1. Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and

2. Advise the union of the existence of the statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531).

C. No major employer with an approved CTR program may be held liable for failure to reach the applicable goals. (Ord. 3255 § 2 (Exh. B), 2017; Ord. 2741 § 1 (Exh. A), 2008; Ord. 2273 § 10, 1999; Ord. 1930 § 21, 1993)