WSR 00-24-044

PERMANENT RULES

PUBLIC EMPLOYMENT

RELATIONS COMMISSION

[ Filed November 30, 2000, 8:32 a.m. , effective January 1, 2001 ]

Date of Adoption: November 14, 2000.

Purpose: To italicize agency case citations in accord with format used by Washington Supreme Court.

Citation of Existing Rules Affected by this Order: Amending WAC 391-08-670.

Statutory Authority for Adoption: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050.

Other Authority: RCW 34.05.220.

Adopted under notice filed as WSR 00-20-089 on October 4, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: January 1, 2001.

November 30, 2000

Marvin L. Schurke

Executive Director

OTS-4453.1


AMENDATORY SECTION(Amending WSR 96-07-105, filed 3/20/96, effective 4/20/96)

WAC 391-08-670   Decision numbering -- Citation of cases -- Indexing of decisions.   (1) Each decision issued by the agency in an adjudicative proceeding under the Administrative Procedure Act is assigned a unique number consisting of two or three components, as follows:

(a) The first component, consisting of a number, indicates the sequential number of adjudicative proceedings in which one or more decisions has been issued since the agency commenced operations on January 1, 1976.

(b) The second component (where appropriate) consisting of an alphabetic code in ascending alphabetical order, indicates the second and subsequent decisions issued in the case to which the numerical component was originally assigned.

(c) The third component, consisting of a four-letter alphabetic code, indicates the statute under which the decision was issued:

"CCOL" indicates cases decided under chapter 28B.52 RCW, which is titled: "Collective Bargaining -- Academic Personnel in Community Colleges."

"EDUC" indicates cases decided under chapter 41.59 RCW, which is titled: "Educational Employment Relations Act."

"MRNE" (no longer in use) was formerly used to indicate cases decided under chapter 47.64 RCW, relating to the Washington state ferries system.

"PECB" indicates cases decided under chapter 41.56 RCW, which is titled: "Public Employees' Collective Bargaining," including some cases involving port districts.

"PORT" indicates cases decided under chapter 53.18 RCW, which is titled: "Employment Relations -- Collective Bargaining and Arbitration" relating to port districts.

"PRIV" (no longer in use) was formerly used to indicate cases decided under chapter 49.08 RCW, relating to private sector employers and employees.

(2) All citations of agency decisions in subsequent agency decisions, in publications of agency decisions, and in briefs and written arguments filed by parties with the agency shall conform to the formats specified in this section:


GENERAL RULE: Citations shall list only the name of the employer (((underlined))) italicized, the word "Decision" followed by the decision number, and the statute and year the decision was issued (in parenthesis).

Examples:

((City of Roe)) City of Roe, Decision 1234 (PECB, 1992)


((City of Roe)) City of Roe, Decision 1234-A (PECB, 1993)


((City of Roe)) City of Roe, Decision 1234-B (PECB, 1994)


EXCEPTION 1: For decisions being cited within the first year following their issuance, the full date of issuance may be set forth.

Example:

((City of Roe)) City of Roe, Decision 1234-C (PECB, December 15, 1995)


EXCEPTION 2: For decisions in which an employee organization or labor organization was named as the respondent in an unfair labor practice case, the citation shall list the name of the union (in parenthesis) following the name of the employer.

Example:

((City of Roe (Doe Union))) City of Roe (Doe Union), Decision 2345 (PECB, 1995)


(3) The agency encourages the publication and indexing of its decisions by private firms, but does not contribute financial support to any such firm and declines to declare any private firm as the "official reporter" of agency decisions.

(4) The agency uses a commercially published index of its decisions, along with commercially produced computer assisted research tools, in its own operations. The agency makes those indexes available to the public in its offices, to satisfy the requirements of RCW 42.17.260(5).

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050 and 34.05.220. 96-07-105, 391-08-670, filed 3/20/96, effective 4/20/96.]

Washington State Code Reviser's Office