Purpose: These rules address when state employees file appeals to the Washington Personnel Resources Board. These rules also address mediation and prehearing conferences for appeals filed to the Washington Personnel Resources Board.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 04-18-119 on September 1, 2004.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 20, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 20, Amended 0, Repealed 0.
Date Adopted: October 14, 2004.
E. C. Matt
(2) Any employee, subject to the statutory jurisdiction of the board who is affected by a violation of the state civil service law (chapter 41.06 RCW) or the rules contained in Title 357 WAC, or an employer, may appeal to the board by filing written exceptions to the director's review determination, except as provided in WAC 357-49-010(1).
(3) Through December 31, 2005, an employee in a position at the time of its allocation or reallocation or the employer may appeal to the personnel appeals board by filing written exceptions to the director's review determination in accordance with Title 358 WAC. As of January 1, 2006, an employee in a position at the time of its allocation or reallocation or the employer may appeal to the personnel resources board by filing written exceptions to the director's review determination.
(4) An employee whose position has been exempted from chapter 41.06 RCW may appeal the exemption to the board.
(5) An individual or the employer may appeal remedial action to the board by filing written exceptions to the director's review determination.
(6) Any permanent Washington management service employee who is dismissed, suspended, demoted, or separated, or whose base salary is reduced may appeal to the board. A determination of which Washington management service positions will be eliminated in a reduction-in-force action is not subject to appeal.
(1) the effective date of the disciplinary action or separation,
(2) service of the director's determination unless the rules specifically state that the director's determination is final, or
(3) the effective date of the exemption of a position or the notice of exemption, whichever is later.
(a) the name and address of the appellant and if represented the name, address and telephone number of the representative,
(b) the name of the employer and the department that took the action which is being appealed,
(c) a telephone number at which the appellant can be reached,
(d) the job classification or position of the employee at the time of the action which is being appealed,
(e) a short statement of the grounds or reasons for the appeal, and if applicable, the rule(s) the appellant believes has been violated,
(f) a short statement of the relief or remedy sought by the appellant, and
(g) a short statement of whether the appellant believes the case would or would not be appropriate for mediation.
(2) An appeal of a disciplinary action, separation, or exemption must also include the effective date of the action and the employee's appointment status at the time of the action. The appeal must include a short statement of the nature of the action being appealed or a copy of the action letter from the employer.
(3) An appeal on exception to a director's determination must also detail the specific items of the director's determination to which exception is taken and should include a copy of the director's determination.
(2) If any of the required information is not provided with the appeal, the board directs the appellant to provide the missing information and sends a copy of the notice to all affected parties.
(3) The appellant must provide the missing information as requested within twenty-one calendar days of the date the notification is mailed.
(4) When the board receives the requested information, it sends a copy to the other affected parties.
(5) If the appellant fails to comply with the requirements of this section the board may dismiss the appeal according to WAC 357-52-215.
(2) If necessary, the board requests a copy of the action letter from the employer.
(2) In addition, any party to an appeal may submit a motion to dismiss for untimeliness at any time during the appeal process.
(2) Mediation and settlement discussions are privileged and the proceedings must not be reported or recorded in any manner, except for agreements reached by the parties.
(2) If a settlement is not reached, the mediator must inform the board.
(1) Simplification or limitation of issues;
(2) Possibility of obtaining stipulations, admissions of fact, and admissions of the genuineness of documents that will avoid unnecessary proof;
(3) Discovery, discovery methods and discovery deadlines;
(4) Number of witnesses expected to be called and their names when possible;
(5) Approximate time necessary for presentation of the evidence of the respective parties;
(6) Whether or when motions may be brought;
(8) Affidavits; and
(9) Such other matters as may aid in the prompt disposition of the appeal.
(2) Prehearing conferences may be held by telephone.
(3) The parties are encouraged where possible to resolve their disputes by agreement. To facilitate such resolution, the prehearing conference may be recessed at any time to give the parties time to discuss settlement of their dispute. In the event settlement is reached, the parties must notify the board and the appellant must sign and submit a request to withdraw the appeal.