Effective Date of Rule: Thirty-one days after filing.

     Purpose: 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 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.

     Statutory Authority for Adoption: For WAC 391-35-085 is RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.100, 41.76.060, 41.80.070; and for WAC 391-25-436 is RCW 41.58.050, 41.80.080.

      Adopted under notice filed as WSR 08-10-011 on April [24], 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: July 9, 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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