WSR 05-14-051

EXPEDITED RULES

MARINE EMPLOYEES' COMMISSION


[ Filed June 29, 2005, 8:25 a.m. ]

Title of Rule and Other Identifying Information: Chapter 316-75 WAC, Marine employees' union security and chapter 316-85 WAC, Surveys -- Compensation -- Benefits -- Employment.

Amending WAC 316-75-001 Scope -- Contents -- Other rules, 316-76-010 Union security -- Obligation of exclusive bargaining representative, 316-75-030 Union security -- Assertion of right of nonassociation, 316-75-050 Union security -- Response by exclusive bargaining representative, 316-75-070 Union security -- Filing of dispute with commission, 316-75-090 Union security -- Petition form -- Number of copies -- Filing -- Service, 316-75-110 Union security -- Contents of petition, 316-75-130 Union security -- Escrow of disputed funds by department, 316-75-150 Union security -- Investigation--Settlement, 316-75-170 Union security -- Notice of hearing, 316-75-190 Union security -- Hearings -- Who shall conduct, 316-75-210 Authority of hearing officer, 316-75-230 Hearings -- Nature and scope, 316-75-250 Proceedings before the hearing officer, 316-75-270 Proceedings before the commission -- Petition for review, 316-75-310 Implementation, 316-85-001 Scope -- Contents -- Other rules, 316-85-010 Policy -- Purpose, 316-85-020 Fact-finding surveys--Content--Coverage, 316-85-030 Fact-finding surveys -- Geographic limits, 316-85-040 Fact-finding surveys -- Timing, 316-85-050 Washington state ferry system employee data required, 316-85-060 Fact-finding survey -- Conduct, 316-85-070 Fact-finding preliminary findings -- Hearings, and 316-85-080 Fact-finding survey -- Final report.

Reviser's note: WAC 316-75-070 is referred to in the agency's notice; however, the proposed text of the section was not included with the filing by the agency. cf. RCW 34.08.020 (1)(a).


NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kathy Marshall, Marine Employees' Commission, P.O. Box 40902, Olympia, WA 98504-0902 , AND RECEIVED BY September 6, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To make housekeeping changes and simplify/reduce language.

Reasons Supporting Proposal: In compliance with Executive Order 97-02, these rules were reviewed and clarification changes made to those rules.

Statutory Authority for Adoption: RCW 34.05.230.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Marine Employees' Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Kathy Marshall, 711 Capitol Way South, Suite 104, Olympia, WA, (360) 586-6354; Implementation and Enforcement: John R. Swanson, Chairman, 711 Capitol Way South, Suite 104, Olympia, WA, (360) 586-6354.

June 28, 2005

Kathy Marshall

Administrator

OTS-8139.2


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-001   Scope -- Contents -- Other rules.   This chapter ((governs)) directs proceedings before the marine employees' commission relating to union security disputes arising between employees and employee organizations certified or recognized as their bargaining representative. The provisions of this chapter should be read in conjunction with the provisions of:

(1) Chapter 10-08 WAC, which ((contains)) lists rules ((promulgated)) adopted by the chief administrative law judge governing the conduct of adjudicative proceedings under chapter 316-75 WAC, except:

(a) WAC 10-08-035, which is ((supplanted)) replaced by detailed requirements in WAC 316-75-050;

(b) WAC 10-08-211, which is ((supplanted)) replaced by WAC 316-75-270; and

(c) WAC 10-08-230, which is ((supplanted)) replaced by WAC 316-75-150.

(2) Chapter 316-02 WAC, which ((contains)) lists rules of practice and procedure ((applicable)) that apply to all types of proceedings before the marine employees' commission.

(3) Chapter 316-25 WAC, which ((contains)) lists rules ((relating to)) about proceedings on petitions for investigation of questions concerning representation of ferry system employees.

(4) Chapter 316-35 WAC, which ((contains)) lists rules ((relating to)) about proceedings on petitions for clarification of an existing ferry system employees' bargaining unit.

(5) Chapter 316-45 WAC, which ((contains)) lists rules ((relating to)) about proceedings on complaints charging unfair labor practices in the Washington state ferry system.

(6) Chapter 316-65 WAC, which ((contains)) lists rules ((relating to)) about arbitration of grievance disputes arising out of the interpretation or application of a collective bargaining agreement in the Washington state ferry system.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-001, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-001, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-010   Union security -- Obligation of exclusive bargaining representative.   An exclusive bargaining representative ((which desires)) desiring to enforce a union security provision contained in a collective bargaining agreement negotiated under the provisions of chapter 47.64 RCW ((shall)) will provide each affected employee with a copy of the collective bargaining agreement containing the union security provision and ((shall)) will specifically advise each employee of his or her obligation under that agreement, including informing the employee of the amount owed, the method used to compute that amount, when such payments are to be made, and the effects of a failure to pay.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-010, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-010, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-030   Union security -- Assertion of right of nonassociation.   An employee who, ((pursuant to)) in accordance with RCW 47.64.160, asserts a right of nonassociation based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member ((shall)) will notify the exclusive bargaining representative, in writing, of the claim of a right of nonassociation ((and shall,)). At the same time((,)) the employee will provide the exclusive bargaining representative with the name(s) and address(es) of one or more nonreligious charitable organizations to which the employee is prepared to make alternative payments in lieu of the payments required by the union security provision.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-030, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-030, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-050   Union security -- Response by exclusive bargaining representative.   Within thirty days after it is served with written notice of a claimed right of nonassociation under WAC 316-75-030, the exclusive bargaining representative ((shall)) will respond to the employee, in writing, both as to the eligibility of the employee to make alternative payments and as to the charitable organization(s) suggested by the employee. If a dispute exists concerning whether the employee is within a class of employees obligated under the terms of the union security provision, all such matters of contractual interpretation ((shall)) will be resolved under ((such)) procedures ((as may be)) available for unit clarification, under chapter 316-35 WAC, or resolution of disputes concerning the interpretation or application of the collective bargaining agreement, under chapter 316-65 WAC.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-050, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-050, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-090   Union security -- Petition form -- Number of copies -- Filing -- Service.   Each petition for declaratory ruling on union security obligations ((shall)) will be prepared ((in conformance with)) according to WAC 316-75-110. The original petition ((shall)) will be filed ((with)) at the commission's ((at its)) Olympia office((, and)). The party filing the petition ((shall)) must serve a copy on the other party to the dispute and on the department.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-090, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-090, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-110   Union security -- Contents of petition.   Each petition ((shall)) will be headed "In the matter of the petition of (name of petitioning party) for a declaratory ruling concerning the union security obligations of (name of affected employee(s)) under a collective bargaining agreement between Washington state department of transportation, marine division, and (name of exclusive bargaining representative)," and ((shall)) must contain:

(1) The name and address of the marine division of the department and the name, address and telephone number of the person(s) designated by the department as its representative(s) for adjudicatory proceedings under chapter 47.64 RCW.

(2) The name, address and affiliation, if any, of petitioner's exclusive representative, and the name, address and telephone number of its principal representative, if any.

(3) The name, address and telephone number of the affected employee(s) and the name, address and telephone number of his/her/their representative.

(4) Statements, in additional numbered paragraphs, of the matters in dispute.

(5) A copy, attached to the petition as an exhibit, of the union security provision under which the dispute arises.

(6) Any other relevant facts.

(7) The signature(s) and, if any, the title(s) of the petitioner(s) and/or his/her/their representative(s).

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-110, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-110, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-130   Union security -- Escrow of disputed funds by department.   ((Upon)) After being served with a copy of a petition filed under WAC 316-75-070, the department ((shall)) will preserve the status quo by withholding and retaining the disputed dues for periods during the ((pendency)) course of the proceedings before the commission. ((Said)) These funds shall draw interest at the rate provided by commercial banks for regular passbook savings accounts. While the proceedings remain pending before the commission, the department shall not honor or otherwise act upon any request for discharge or other action against the affected employee based on the employee's union security obligations.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-130, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-130, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-150   Union security -- Investigation -- Settlement.   The commission ((shall)) will refer the petition under dispute to one of its members, who ((shall)) will conduct an investigation and such prehearing conferences as may be necessary to determine the relative positions of the parties and the facts and authorities relied upon by them. He/she ((shall)) will encourage the parties to reach agreement, expressed in stipulations binding on all parties. If the parties do not reach agreement, the commissioner ((shall)) will issue a declaratory order which either grants or denies the petition, subject to commission review under WAC 316-02-230, or ((shall)) will order a hearing under WAC 316-75-170.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-150, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-150, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-170   Union security -- Notice of hearing.   If the petition raises material questions of fact which cannot be resolved without a hearing, and if summary disposition under WAC 316-02-230 is not appropriate, ((there shall be issued and)) a notice of hearing before the commission or commissioner will be served on each of the parties to the dispute and on the department ((a notice of hearing before the commission or a commissioner)). Any such notice and hearing and further proceedings ((shall)) will be in accordance with chapter 316-35 or 316-65 WAC and WAC 316-75-050, as the commission directs. Any such notice may be amended or withdrawn prior to the close of the hearing.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-170, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-170, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-190   Union security -- Hearings -- Who shall conduct.   Hearings may be conducted by the commission or a member of the commission assigned as a hearing officer. ((At any time,)) A hearing officer may be substituted for the hearing officer previously presiding at any time.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-190, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-190, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-210   Authority of hearing officer.   The hearing officer ((shall have)) has the authority granted by WAC 316-35-150 or 316-65-515, whichever is applicable.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-210, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-210, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-230   Hearings -- Nature and scope.   Hearings ((shall be)) are public and shall be limited to matters concerning the determination of the eligibility of the employee to make alternative payments and the designation of an organization to receive such alternative payments.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-230, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-230, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-250   Proceedings before the hearing officer.   After the close of the hearing or after submission of briefs, the assigned commissioner ((may proceed forthwith upon the record, after submission of briefs or after further hearing, as may be appropriate, and shall)) will issue and serve on the parties an order determining the matter, or ((shall)) will refer the matter back to the commission. ((Thereupon)) Then he/she ((shall)) will transfer the entire record in the proceeding to the commission.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-250, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-250, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-270   Proceedings before the commission -- Petition for review.   The final order of the hearing officer ((shall be)) is subject to review by the commission on its own motion, or at the request of any party made within twenty days following the date of the order issued by the hearing officer. The original petition for review ((shall)) must be filed ((with)) at the commission's ((at its)) Olympia office((, and)). The party filing the petition ((shall)) must serve a copy on the other party to the proceeding and on the employer. The petition for review ((shall)) will identify the actions or rulings claimed to be in error. Any party to the proceeding may, within fourteen days after the initiation of review, file briefs or written arguments for consideration by the commission. The original brief or written argument ((shall)) must be filed ((with)) at the commission's ((at its)) Olympia office and a copy ((shall)) must be served ((upon)) on the other party. The commission or the assigned commissioner may, for good cause, grant any party an extension of the time for filing of its brief or written argument where a request for additional time is made prior to the deadline previously established. The commission may request the parties to appear before it to make oral argument as to certain of the issues or all of the issues in the matter.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-270, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-270, filed 3/20/84.]


AMENDATORY SECTION(Amending WSR 90-01-120, filed 12/20/89, effective 1/20/90)

WAC 316-75-310   Implementation.   Where alternative payments in lieu of payments under a union security agreement have been agreed upon by the parties or ordered by the commission, the department ((shall)) will release any funds (together with accumulated interest) held in escrow under WAC 316-75-130 to the designated charitable organization and from then on the employee ((shall thereafter)) will make payments and ((shall)) furnish written proof to the exclusive bargaining representative that such payments have been made to the designated charitable organization. ((Where)) If the employee is found ineligible to make alternative payments, the department ((shall)) will release any funds (together with accumulated interest) held in escrow to the exclusive bargaining representative and ((shall)) will enforce the union security provision according to its terms. The department and the exclusive bargaining representative ((shall)) will allow the affected employee a grace period of not less than thirty days following the agreement or final order of the commission to correct any ((arrearages)) amounts owing.

[Statutory Authority: RCW 47.64.280 and 34.05.220. 90-01-120, 316-75-310, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 47.64.280. 84-07-037 (Resolution No. 84-01), 316-75-310, filed 3/20/84.]

OTS-8140.1


AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-001   Scope -- Contents -- Other rules.   This chapter ((governs)) directs proceedings before the marine employees' commission relating to fact-finding surveys of compensation, benefits, and conditions of employment. This chapter does not contemplate, and does not provide procedures for, investigation and/or settlement of contested cases between parties. ((Therefore,)) Hearings held in reaching conclusions in the fact-finding required by RCW 47.64.220 are not deemed to be adjudicatory in nature and not governed by RCW 34.05.425 or 34.12.020 or chapter 10-08 WAC. ((However, insofar as)) Where additional fact-finding may be requested by parties involved in dispute or impasse in accordance with RCW 47.64.220, the provisions of this chapter should be read in conjunction with the provisions of:

(1) Chapter 316-02 WAC, which ((contains)) lists rules of practice and procedure ((applicable)) that apply to all types of proceedings before the marine employees' commission;

(2) Chapter 316-45 WAC, which ((contains)) lists rules ((relating to)) about proceedings on complaints charging unfair labor practices in the Washington state ferry system;

(3) Chapter 316-55 WAC, which ((contains)) lists rules ((relating to)) about the resolution of impasses occurring in ferry system collective bargaining; and

(4) Chapter 316-65 WAC, which ((contains)) lists rules ((relating to)) about arbitration of grievance disputes arising out of the interpretation or application of a collective bargaining agreement in the Washington state ferry system.

[Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-001, filed 3/2/90, effective 4/2/90.]


AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-010   Policy -- Purpose.   Prior to collective bargaining between the Washington state ferry system and the ferry employee organizations, the commission ((shall)) or its authorized representative will conduct ((certain)) a fact-finding survey((s)) as ((hereinafter)) described in this chapter. ((Such surveys shall)) This survey will be used to guide generally but not to define or limit collective bargaining between the parties.

[Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-010, filed 3/2/90, effective 4/2/90.]


AMENDATORY SECTION(Amending WSR 01-01-124, filed 12/19/00, effective 1/19/01)

WAC 316-85-020   ((Fact-finding)) Salary survey((s)) -- Content -- Coverage.   In ((conducting)) carrying out its prebargaining survey((,)) and publishing the findings, the commission ((shall make comparisons of)) or its authorized representative will compare wages, hours, employee benefits, and conditions of employment of Washington state ferry employees with those of public and private sector employees doing directly comparable but not necessarily identical work. In making its comparisons between and among employers, the commission ((shall)) or its authorized representative will recognize the principle that the greater the degree of comparability between work requirements and conditions of employment, the greater will be the validity of comparisons of wages and employee benefits. The commission ((shall)) or its authorized representative will give consideration to factors peculiar to the area and the classifications involved.

In determining the scope of the survey and in selecting the ferry systems or other employers to be included in the survey, the commission ((shall)) or its authorized representative will consider the size, tonnage, and horsepower of the vessels operated by the Washington state ferry system and by the employers to be included in the survey. The commission ((shall)) or its authorized representative will not include those classifications of employees exempted ((pursuant to)) as outlined in RCW 41.06.079.

Except as provided in the following subsection of this section, salary and employee benefit information collected from private employers that identifies a specific employer with the salary and employee benefit rates which that employer pays to its employees is not subject to public disclosure under chapter 42.17 RCW.

A person or entity, having reason to believe that the salary survey results are inaccurate, may submit a petition to the state auditor requesting an audit of the data ((upon)) on which the salary survey results are based. The state auditor ((shall)) will review and analyze all data collected for the salary survey, including proprietary information, but is prohibited from disclosing the salary survey data to any other person or entity, except by court order.

[Statutory Authority: RCW 34.05.230. 01-01-124, 316-85-020, filed 12/19/00, effective 1/19/01. Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-020, filed 3/2/90, effective 4/2/90.]


AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-030   ((Fact-finding)) Salary survey((s)) -- Geographic limits.   The commission ((shall)) will limit its prebargaining fact-finding survey((s)) to ferry systems and other employers located in states along the west coast, including Alaska, and in British Columbia.

[Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-030, filed 3/2/90, effective 4/2/90.]


AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-040   ((Fact-finding)) Salary survey((s)) -- Timing.   (1) ((No later than September 10)) In the fall of each even-numbered year the commission ((shall)) or its authorized representative will notify the department of transportation and the ferry employee organizations that the commission is starting ((a fact-finding)) the survey required by RCW 47.64.220.

(2) No later than ((the following)) October 1 of each even-numbered year, the department and the ferry employee organizations ((shall)) will each inform the commission or its authorized representative of any particular personnel positions or classifications which may be expected to receive extraordinary attention during the next renewal of agreements.

[Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-040, filed 3/2/90, effective 4/2/90.]


AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-050   Washington state ferry system employee data required.   ((In order)) To assure maximum effectiveness and minimal error in its fact-finding survey((s)), no later than October 1 of each even-numbered year, the department ((shall)) will also provide the commission or its authorized representative with the following data:

(1) A complete and current set of specifications for each position classification occupied by ferry employees except those exempted ((pursuant to)) as outlined in RCW 41.06.079. ((Each classification specification shall include as a minimum:

(a) Classification title;

(b) General definition;

(c) Typical duties and responsibilities;

(d) Special or extraordinary but recurring conditions of employment, if any;

(e) Direction/supervision received;

(i) Degree of closeness and frequency;

(ii) Source of direction/supervision;

(f) Direction/supervision exercised;

(i) Over which classifications;

(ii) Number(s) of personnel;

(g) Minimum requirements for initial appointment;

(i) Licensure or certificate;

(ii) Education;

(iii) Work experience;

(h) Additional desirable qualifications, knowledge abilities;))

(2) Wages/salaries currently paid to personnel described in foregoing specifications for regular hours worked;

(3) Current premium pay;

(a) Overtime;

(b) Other irregular hours;

(c) Hazards;

(4) Employee benefits currently paid or furnished by the department and, where appropriate, the proportion paid by the employee by payroll deduction or by reduction of compensation ((pursuant to)) as outlined in RCW 47.64.270.

[Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-050, filed 3/2/90, effective 4/2/90.]


AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-060   ((Fact-finding)) Salary survey -- Conduct.   (1) After receiving the information required in WAC 316-85-040(2) and 316-85-050, the commission ((shall)) or its authorized representative will make inquiry of other ferry systems and other employers by U.S. mail ((or in person)), e-mail, voice mail, or electronically to conduct ((such)) necessary field audits or desk audits ((as deemed necessary)) for valid comparisons, and analyze salary and benefit data ((thus accumulated)).

(2) In conducting its survey and in analyzing its data, the commission ((shall)) or its authorized representative will consider factors ((peculiar)) unique to the areas from which the data were accumulated ((pursuant to)) as outlined in RCW 47.64.220 and 47.64.240 (9)(b) and WAC 316-85-020, including but not limited to:

(a) Comparison of rates of monetary exchange;

(b) Differential costs of living in each area compared with the Seattle cost of living index, and employer compensation ((therefor)), if any;

(c) The cost effect of universal health care coverage provided by British Columbia or a state, if any, as compared with the fee for service and/or health maintenance organization health care coverage provided by the state of Washington.

(3) The commission ((shall)) or its authorized representative will not include in its survey any employer who is involved in a strike or lockout or whose wage-benefit package is indeterminate for any other known reason.

(4) ((No later than)) At the December ((15)) commission public meeting, the commission ((shall compile)) or its authorized representative will present a preliminary draft of findings regarding wages, employee benefits, and other compensation being paid to other employees as compared with wages, employee benefits, and other compensation being paid by the Washington state ferry system. The preliminary draft of findings ((shall)) will be distributed to the department and to the ferry employee organizations.

[Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-060, filed 3/2/90, effective 4/2/90.]


AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-070   ((Fact-finding preliminary findings -- Hearings.)) Salary survey preliminary findings -- Public review.   (1) ((No later than January 10)) At the January commission public meeting of each odd-numbered year, the commission ((shall)) or its authorized representative will conduct a public review of its preliminary findings, after soliciting comments and suggestions for improvement of validity of ((said)) the preliminary survey findings from the department and from the ferry employee organizations.

(2) The commission ((shall)) or its authorized representative will immediately ((thereafter)) investigate and/or reanalyze all comments and questions raised by the department or ferry employee organizations. If necessary to resolve doubts raised about validity, the commission ((shall)) or its authorized representative will perform ((such)) additional field or desk audits as may be necessary and feasible.

[Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-070, filed 3/2/90, effective 4/2/90.]


AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-080   ((Fact-finding)) Salary survey -- Final report.   ((No later than March 1 of each odd-numbered year, the commission shall publish and distribute to all parties its final prebargaining fact-finding survey report.)) At the February commission public meeting each odd-numbered year, the final report will be presented by the commission or its authorized representative for approval. The final report will be published and distributed to all parties within one month of approval.

[Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-080, filed 3/2/90, effective 4/2/90.]


AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-090   Additional fact finding.   In addition to the prebargaining survey((s)) described in this chapter, the commission ((shall)) will make such other findings of fact as the parties may request during bargaining or impasse.

[Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-090, filed 3/2/90, effective 4/2/90.]


AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-100   Fact-finding reports -- Public documents.   All fact-finding reports issued by the commission ((shall)) will be in writing and ((shall be)) are public documents.

[Statutory Authority: RCW 47.64.280. 90-06-046, 316-85-100, filed 3/2/90, effective 4/2/90.]

Washington State Code Reviser's Office