WSR 04-14-019

EXPEDITED RULES

JAIL INDUSTRIES BOARD


[ Filed June 28, 2004, 11:17 a.m. ]

Title of Rule and Other Identifying Information: Chapter 288-02 WAC, Jail Industries Board arbitration process. As directed by legislation, the Jail Industries Board seeks to establish a voluntary arbitration process for resolving conflicts arising among the local business community and labor organizations concerning new jail industries programs, products, services, or wages.

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 Jill Will, Jail Industries Board, 3060 Willamette Drive N.E., Suite 100, Lacey, WA 98516 , AND RECEIVED BY September 7, 2004.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal outlines an informal arbitration process that interested parties may use to resolve disputes regarding the appropriate use of jail inmate labor. Legislation directs the board to establish this process, however, the legislation does not grant the board statutory enforcement powers. All participation in the arbitration process is voluntary and the goal of the process is to reach voluntary, mutually satisfactory agreements. Recommendations resulting from the arbitration process do not have the force of law.

This is a new section that does not change any existing rules.

Reasons Supporting Proposal: The rule fulfills a statutory directive to develop an arbitration process.

Statutory Authority for Adoption: RCW 36.110.060.

Statute Being Implemented: RCW 36.110.060.

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

Name of Proponent: Jail Industries Board, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jill Will, Jail Industries Board, 3060 Willamette Drive N.E., Suite 100, Lacey, WA 98516, (360) 486-2432.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The Jail Industries Board does not have statutory enforcement powers. Participation in the arbitration process outlined is voluntary on the part of all parties.

June 24, 2004

Jill Will

Executive Director

Chapter 288-02 WAC

Jail Industries Board Arbitration Process


NEW SECTION
WAC 288-02-010   Authority.   RCW 36.110.060, Duties of the board, directs the board to establish an arbitration process for resolving conflicts arising among the local business community and labor organizations concerning new jail industries programs, products, services, or wages. The board does not have enforcement powers and participation in the arbitration process is voluntary.

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NEW SECTION
WAC 288-02-020   Issues considered for arbitration.   The following matters will be considered for arbitration: disputes regarding appropriate use of inmate labor, funds and fees, and working conditions.

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NEW SECTION
WAC 288-02-030   Mechanism of the arbitration process.   (1) Issues should be reduced to letter format and directed to the executive director of the jail industries board. Every effort possible will be made to assist the complainant in developing the complaint.

(2) Three board members will be selected by the jail industries board chair to conduct an informal hearing and gather as much information as possible, reminding each party that all decisions and opinions are voluntary and have no actual legal standing. The jail industries board's executive director will act as record keeper and facilitator.

(3) The board will attempt to reconcile the issues as presented. This may be done by offering suggestions, asking others for their opinions, or pointing out to each party how a negotiated arrangement may look. The goal of the process is to reach a voluntary agreement.

(4) For the record, the executive director of the jail industries board will keep on file the information used by both parties and the outcome of the arbitration process. The board will use this information to assist with future arbitration issues.

(5) If a voluntary agreement cannot be reached, the board will advise both parties of next step options they may take.

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