WSR 08-10-011

EXPEDITED RULES

PUBLIC EMPLOYMENT

RELATIONS COMMISSION

[ Filed April 24, 2008, 3:47 p.m. ]

Title of Rule and Other Identifying Information: WAC 391-25-436 Special provision -- State civil service employees, describes employee and nonemployee rights while a notice of election is posted for a union representation election; and WAC 391-35-085 Amendment to certification, provides a simple mechanism for a union or employer to clarify a name changed on bargaining unit certification.

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 Dario de la Rosa, Public Employment Relations Commission, 112 Henry Street N.E., Suite 300, P.O. Box 40919, Olympia, WA 98504-0919 , AND RECEIVED BY July 8, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 391-35-085 provides a simple mechanism for the name on a certification to be changed so long as the bargaining unit is not affected and there is not [no] question regarding the bargaining representatives' majority status.

WAC 391-25-436 satisfies the RCW 41.80.080(1) mandate that this commission adopt election rules, including a rule providing for campaigning on an employer's property during working hours. WAC 391-25-436 permits employees to campaign in nonworking areas during nonworking time or in working areas during working time provided the employer permits other like activities. Nonemployees have the right to campaign in public areas of an employer's workplace. An employer may expand these rights through policy.

Reasons Supporting Proposal: WAC 391-35-085, to provide a simple mechanism for an employer or union to have a certification amended to reflect a change in name. WAC 391-25-436, to satisfy the RCW 41.80.080 statutory mandate of adopting a rule that proscribes employees' rights regarding campaigning on an employer's premises during a union election.

Statutory Authority for Adoption: For WAC 391-25-436 is RCW 41.58.050, 41.80.080; and for WAC 391-35-085 is RCW 28B.52.080, 41.56.090, 41.58.050, 41.76.060, 41.80.070.

Statute Being Implemented: For WAC 391-25-436 is RCW 41.80.080.

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting: Dario de la Rosa, Olympia, Washington, (360) 570-7328; Implementation and Enforcement: Cathleen Callahan, Olympia, Washington, (360) 570-7312.

April 24, 2008

Dario de la Rosa

General Counsel

OTS-1520.1


NEW SECTION
WAC 391-25-436   Special provision -- State civil service employees.   (1) While a notice of election is posted under WAC 391-25-430, employees in the bargaining unit or proposed bargaining unit have the right to conduct campaigning activities in the public areas or in the nonworking areas of the employer's premises, during nonworking time of the campaigner and employees being solicited, as long as they do not disrupt operations. However, if employees are permitted to discuss nonwork subjects or solicit other employees in work areas, the employer cannot discriminatorily regulate employee discussions or solicitations.

(2) Nonemployees have the right to engage in campaigning activities in the employer's public areas consistent with the reasonable use of those areas. Where there are no public areas in an employer's workplace, reasonable comparable access must be granted.

(3) Employer rules and policies may expand these rights. Employer rules and policies must be nondiscriminatory.

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OTS-1521.1


NEW SECTION
WAC 391-35-085   Amendment of certification.   A party may file a petition to amend an existing certification, and the executive director may amend the certification, provided that the purpose of the amendment is to reflect changed circumstances such as the name of a labor organization or the name of an employer, and the bargaining unit is not affected by the change and there is no question concerning representation.

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Washington State Code Reviser's Office