Date of Adoption: January 6, 2003.
Purpose: To implement provisions of RCW 41.80.070(3) (Personnel System Reform Act of 2002 (PSRA)) allowing employee organizations representing two or more bargaining units of state civil service employees, to consolidate units into single larger unit if commission considers larger unit to be appropriate.
Statutory Authority for Adoption: RCW 41.58.050, 41.06.340.
Other Authority: RCW 41.80.070(3).
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The PSRA (chapter 41.80 RCW) was passed by the legislature in March of 2002, and signed into law by Governor Locke on April 3, 2002. The provisions of RCW 41.80.070, including consideration by the commission of the avoidance of excessive fragmentation in determining appropriate units, became effective on June 13, 2002. Immediate adoption of this rule is necessary to implement the statutory intent of the PSRA.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Immediately.
January 14, 2003
Marvin L. Schurke
WAC 391-25-426 Special provision -- State civil service employees. The merger of two or more bargaining units that are represented by the same employee organization shall be approved by the agency upon request by the employee representative, provided that the agency considers the larger unit to be appropriate.