WSR 12-05-066

PERMANENT RULES

PUBLIC EMPLOYMENT

RELATIONS COMMISSION

[ Filed February 15, 2012, 3:20 p.m. , effective March 17, 2012 ]


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

Purpose: Chapter 16, Laws of 2011 1st sp. sess. (2ESSB 5742) transferred administration of chapter 47.64 RCW from the marine employees' commission (MEC) to the public employment relations commission (PERC). RCW 41.58.065 requires that the rules of procedure previously adopted by PERC are to be applied to cases processed under chapter 47.64 RCW, except that the MEC commissioners appointed under that section shall act in place of the PERC commissioners in the event an unfair labor practice, unit clarification, or representation case is appealed. TITLE 316 WAC is repealed as it conflicts with TITLE 391 WAC.

Citation of Existing Rules Affected by this Order: Repealing TITLE 316 WAC; and amending WAC 391-08-001, 391-08-007, 391-08-520, 391-08-630, 391-08-640, 391-08-650, 391-08-670, 391-25-002, 391-35-002, 391-45-002, 391-55-002, 391-55-200, 391-65-002, and 391-65-110.

Statutory Authority for Adoption: For WAC 391-08-001, 391-08-007, 391-08-520, and 391-08-630 is RCW 28B.52.080, 41.56.090, 41.58.050, 41.58.065, 41.59.110, 41.76.060, 49.39.060; for WAC 391-08-640 is RCW 28B.52.080, 41.56.090, 41.58.050, 41.58.065, 41.59.110, 41.76.060, 41.80.080, 49.39.060; for WAC 391-08-650 and 391-08-670 is RCW 28B.52.080, 34.05.220, 41.56.090, 41.58.050, 41.58.065, 41.59.110, 41.76.060, 49.39.060; for WAC 391-25-002 is RCW 28B.52.080, 41.06.340, 41.56.090, 41.58.050, 41.58.065, 41.59.110, 41.76.060, 41.80.080, 49.39.060; for WAC 391-25-034 and 391-25-674 is RCW 41.58.050, 41.58.065; for WAC 391-35-002 is RCW 28B.52.080, 41.06.340, 41.56.090, 41.58.050, 41.58.065, 41.59.110, 41.76.060, 41.80.080, 49.39.060; for WAC 391-35-254 and 391-35-344 is RCW 41.58.050, 41.58.065; for WAC 391-45-002 is RCW 28B.52.080, 41.56.090, 41.58.050, 41.58.065, 41.59.110, 41.76.060, 41.80.120, 49.39.060; for WAC 391-45-394 is RCW 41.58.050, 41.58.065; for WAC 391-55-002 is RCW 28B.52.080, 41.56.090, 41.58.050, 41.56.065 [41.58.065], 41.59.110, 41.76.060, 41.80.090, 49.39.060; for WAC 391-55-200 is RCW 41.56.090, 41.58.050, 41.58.065, 47.64.300, 74.39A.270; for WAC 391-65-002 and 391-65-110 is RCW 28B.52.080, 41.56.090, 41.58.050, 41.58.065, 41.59.110, 41.76.060, 41.80.130, 49.39.060; for WAC 391-65-074 is RCW 41.58.050, 41.58.065; for WAC 391-95-002 is RCW 28B.52.080, 41.06.340, 41.56.090, 41.58.050, 41.58.065, 41.59.110, 41.76.060, 49.39.060; and TITLE 316 WAC repeal is RCW 41.58.065.

Adopted under notice filed as WSR 11-23-100 on November 18, 2011.

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 7, Amended 14, Repealed 189.

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 0, Amended 0, Repealed 0.

Date Adopted: February 14, 2012.

Dario de la Rosa

Rules Coordinator

OTS-4163.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 316-02-001 Application and scope of chapter 316-02 WAC.
WAC 316-02-003 Policy -- Construction -- Waiver.
WAC 316-02-005 Commission policy -- Labor relations.
WAC 316-02-007 Definitions.
WAC 316-02-010 Appearance and practice before commission -- Who may appear.
WAC 316-02-020 Appearance and practice before commission -- Standards of conduct.
WAC 316-02-030 Appearance and practice before commission -- Appearance by former employee of commission or former member of attorney general's staff.
WAC 316-02-040 Appearance and practice before commission -- Former employee as witness.
WAC 316-02-100 Service of process -- Computation of time.
WAC 316-02-103 Service of process -- Additional time after service by mail.
WAC 316-02-105 Service of process -- Extension of time.
WAC 316-02-110 Service of process -- By whom served.
WAC 316-02-120 Service of process -- Upon whom served.
WAC 316-02-135 Service of process -- Method and completion of service on parties.
WAC 316-02-150 Service of process -- Filing with commission.
WAC 316-02-160 Service of process -- Opportunity for hearing.
WAC 316-02-170 Service of process -- Notice of hearing.
WAC 316-02-180 Service of process -- Continuances.
WAC 316-02-200 Definition of issues -- Before hearing.
WAC 316-02-210 Definition of issues -- Prehearing conference authorized.
WAC 316-02-220 Definition of issues -- Record of action taken during prehearing conference.
WAC 316-02-230 Summary judgment.
WAC 316-02-300 Subpoenas -- Discovery.
WAC 316-02-400 Evidence -- Examination of witnesses.
WAC 316-02-410 Evidence -- Application of rules of evidence.
WAC 316-02-420 Evidence -- Objections and rulings.
WAC 316-02-440 Evidence -- Official notice.
WAC 316-02-450 Evidence -- Stipulations and admissions of record.
WAC 316-02-460 Evidence -- Submission of documentary evidence.
WAC 316-02-470 Evidence -- Excerpts from documentary evidence.
WAC 316-02-490 Evidence -- Refusal of witness to answer.
WAC 316-02-500 Declaratory rulings authorized.
WAC 316-02-510 Declaratory orders -- Petition.
WAC 316-02-520 Declaratory orders -- Rights and disposition.
WAC 316-02-560 Intervention and consolidation of proceedings.
WAC 316-02-600 Adjudicative proceedings (contested cases) -- Exceptions.
WAC 316-02-610 Adjudicative proceedings -- Commencement.
WAC 316-02-620 Adjudicative proceedings -- Denial of application.
WAC 316-02-630 Adjudicative proceedings -- Commission action upon filing.
WAC 316-02-640 Adjudicative proceedings -- Ex parte communications.
WAC 316-02-650 Commission decisions in adjudicative proceedings -- Form and content.
WAC 316-02-660 Commission decisions in adjudicative proceedings -- Service.
WAC 316-02-700 Commission structure.
WAC 316-02-800 Commission records -- Public access.
WAC 316-02-820 Commission offices.
WAC 316-02-900 Petitions for rule making -- Who may petition.
WAC 316-02-910 Petitions for rule making -- Form.
WAC 316-02-920 Petitions for rule making -- Commission must consider.
WAC 316-02-930 Petitions for rule making -- Notice of disposition.

OTS-4164.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 316-25-001 Scope -- Contents -- Other rules.
WAC 316-25-010 Petition for investigation of a question concerning representation of employees -- Who may file.
WAC 316-25-030 Petition -- Time for filing.
WAC 316-25-050 Petition form -- Number of copies -- Filing -- Service.
WAC 316-25-070 Petition contents.
WAC 316-25-090 Contents of petition filed by department.
WAC 316-25-110 Supporting evidence.
WAC 316-25-130 List of employees.
WAC 316-25-140 Notice to employees.
WAC 316-25-150 Amendment and withdrawal.
WAC 316-25-170 Intervention -- By incumbent representative.
WAC 316-25-190 Intervention -- By organization other than incumbent.
WAC 316-25-210 Showing of interest confidential.
WAC 316-25-220 Prehearing conferences.
WAC 316-25-230 Election agreements.
WAC 316-25-250 Cross-check agreements.
WAC 316-25-270 Supplemental agreements.
WAC 316-25-290 Notice of hearing.
WAC 316-25-310 Hearings -- Who shall conduct.
WAC 316-25-330 Authority of hearing officer.
WAC 316-25-350 Hearings -- Nature and scope.
WAC 316-25-370 Blocking charges -- Suspension of proceedings -- Request to proceed.
WAC 316-25-390 Proceedings before a hearing officer.
WAC 316-25-410 Cross-check of records.
WAC 316-25-430 Notice of election.
WAC 316-25-450 Disclaimers.
WAC 316-25-470 Electioneering.
WAC 316-25-490 Election procedures -- Balloting.
WAC 316-25-510 Challenged ballots.
WAC 316-25-530 Votes needed to determine election.
WAC 316-25-550 Tally sheet.
WAC 316-25-570 Procedure following inconclusive election.
WAC 316-25-590 Filing and service of objections.
WAC 316-25-610 Procedure where no objections are filed.
WAC 316-25-630 Procedure where objections are filed.
WAC 316-25-650 Briefs and written arguments on objections.
WAC 316-25-670 Commission action on objections.

OTS-4165.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 316-35-001 Scope -- Contents -- Other rules.
WAC 316-35-010 Petition for clarification of an existing bargaining unit -- Who may file.
WAC 316-35-030 Petition form -- Number of copies -- Filing -- Service.
WAC 316-35-050 Petition contents.
WAC 316-35-070 Amendment and withdrawal.
WAC 316-35-090 Notice of hearing.
WAC 316-35-110 Consolidation of proceedings.
WAC 316-35-130 Hearings -- Who shall conduct.
WAC 316-35-150 Authority of hearing officer.
WAC 316-35-160 Prehearing conferences.
WAC 316-35-170 Hearings -- Nature and scope.
WAC 316-35-190 Proceedings before a hearing officer.
WAC 316-35-210 Proceedings before the commission -- Petition for review.
WAC 316-35-230 Filing and service of cross-petition for review.
WAC 316-35-250 Commission action.

OTS-4166.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 316-45-001 Scope -- Contents -- Other rules.
WAC 316-45-003 Unfair labor practices -- Defined.
WAC 316-45-010 Complaint charging unfair labor practices -- Who may file.
WAC 316-45-020 Unfair labor practice complaint -- Time limitations.
WAC 316-45-030 Complaint -- Number of copies -- Filing -- Service.
WAC 316-45-050 Contents of complaint charging unfair labor practices.
WAC 316-45-070 Amendment.
WAC 316-45-090 Withdrawal.
WAC 316-45-110 Initial processing of complaint.
WAC 316-45-130 Examiner -- Who may act.
WAC 316-45-150 Authority of examiner.
WAC 316-45-170 Notice of hearing.
WAC 316-45-190 Answer -- Filing and service.
WAC 316-45-210 Answer -- Contents and effect of failure to answer.
WAC 316-45-230 Amendment of answer.
WAC 316-45-250 Motion to make complaint more definite and certain.
WAC 316-45-270 Hearings -- Nature and scope.
WAC 316-45-290 Briefs and proposed findings.
WAC 316-45-310 Unfair labor practice -- Decision.
WAC 316-45-330 Withdrawal or modification of examiner decision.
WAC 316-45-350 Petition for review of examiner decision.
WAC 316-45-370 Filing and service of cross-petition for review.
WAC 316-45-390 Commission action.
WAC 316-45-410 Unfair labor practice remedies.
WAC 316-45-430 Motion for temporary relief.
WAC 316-45-550 Collective bargaining -- Mandatory subjects.

OTS-4167.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 316-55-001 Scope -- Contents -- Other rules.
WAC 316-55-005 Impasse procedures -- Adoption.
WAC 316-55-010 Resolution of impasses -- Request for mediation.
WAC 316-55-020 Mediation request -- Information required.
WAC 316-55-030 Impasse resolution -- Appointment of mediator.
WAC 316-55-050 Impasse resolution -- Mediation -- Submission of written proposals.
WAC 316-55-070 Impasse resolution -- Function of mediator.
WAC 316-55-090 Impasse resolution -- Confidential nature of function.
WAC 316-55-160 Salary survey.
WAC 316-55-170 Waiver of mediation.
WAC 316-55-500 Binding arbitration.
WAC 316-55-525 Conduct of interest arbitration.
WAC 316-55-600 Central filing of agreements.

OTS-4168.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 316-65-001 Scope -- Contents -- Other rules.
WAC 316-65-005 Grievance defined.
WAC 316-65-010 Grievance -- Who may file.
WAC 316-65-020 Grievances -- Arbitration request -- Limitations.
WAC 316-65-030 Grievance arbitration -- Filing -- Service.
WAC 316-65-050 Grievance arbitration -- Contents of request.
WAC 316-65-060 Amendment of grievance.
WAC 316-65-070 Grievance arbitration -- Designation of arbitrator.
WAC 316-65-080 Grievance arbitration -- Notice of hearing.
WAC 316-65-150 Grievance arbitration -- Expenses.
WAC 316-65-510 Intervention and consolidation of grievances.
WAC 316-65-515 Conduct of grievance arbitration proceedings.
WAC 316-65-525 Grievance hearing waiver.
WAC 316-65-530 Order of proceedings and evidence.
WAC 316-65-535 Arbitration in the absence of a party.
WAC 316-65-538 Withdrawal of grievance.
WAC 316-65-540 Closing of hearing.
WAC 316-65-545 Grievance arbitration decision.
WAC 316-65-550 Petition for review of commissioner decision.
WAC 316-65-555 Commission action.
WAC 316-65-560 Grievance arbitration remedies.
WAC 316-65-600 Other law.

OTS-4169.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 316-75-001 Scope -- Contents -- Other rules.
WAC 316-75-010 Union security -- Obligation of exclusive bargaining representative.
WAC 316-75-030 Union security -- Assertion of right of nonassociation.
WAC 316-75-050 Union security -- Response by exclusive bargaining representative.
WAC 316-75-070 Union security -- Filing of dispute with commission.
WAC 316-75-090 Union security -- Petition form -- Number of copies -- Filing -- Service.
WAC 316-75-110 Union security -- Contents of petition.
WAC 316-75-130 Union security -- Escrow of disputed funds by department.
WAC 316-75-150 Union security -- Investigation -- Settlement.
WAC 316-75-170 Union security -- Notice of hearing.
WAC 316-75-190 Union security -- Hearings -- Who shall conduct.
WAC 316-75-210 Authority of hearing officer.
WAC 316-75-230 Hearings -- Nature and scope.
WAC 316-75-250 Proceedings before the hearing officer.
WAC 316-75-270 Proceedings before the commission -- Petition for review.
WAC 316-75-310 Implementation.

OTS-4170.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 316-85-001 Scope -- Contents -- Other rules.
WAC 316-85-010 Policy -- Purpose.
WAC 316-85-020 Salary survey -- Content -- Coverage.
WAC 316-85-030 Salary survey -- Geographic limits.
WAC 316-85-040 Salary survey -- Timing.
WAC 316-85-050 Washington state ferry system employee data required.
WAC 316-85-060 Salary survey -- Conduct.
WAC 316-85-070 Preliminary salary survey findings -- Public review.
WAC 316-85-080 Salary survey -- Final report.
WAC 316-85-090 Additional salary survey findings.
WAC 316-85-100 Salary survey report -- Public documents.

OTS-4114.2


AMENDATORY SECTION(Amending WSR 10-20-172, filed 10/6/10, effective 11/6/10)

WAC 391-08-001   Application and scope of chapter 391-08 WAC.   Chapter 391-08 WAC has been added to the Washington Administrative Code by the public employment relations commission pursuant to the authority of section 12, chapter 288, Laws of 1975 1st ex. sess. (RCW 41.59.110); sections 7, 14 and 20, chapter 296, Laws of 1975 1st ex. sess. (RCW 41.58.050, 28B.52.080 and 41.56.090, respectively); and section 232, chapter 354, Laws of 2002 (RCW 41.06.340); section 15, chapter 356, Laws of 2002 (RCW 41.76.060); ((and)) section 7, chapter 6, Laws of 2010 (RCW 49.39.060); and section 16, chapter 16 (2ESSB 5742), Laws of 2011 1st sp. sess., to promulgate comprehensive and uniform rules for practice and procedure before the agency. This chapter sets forth general rules applicable to all types of proceedings before the agency, and should be read in conjunction with the provisions of:

(1) Chapter 10-08 WAC, which contains the model rules of procedure promulgated by the chief administrative law judge to regulate adjudicative proceedings under chapters 391-25, 391-35, 391-45 and 391-95 WAC, except:

(a) WAC 10-08-035, which is replaced by detailed requirements in WAC 391-25-070, 391-25-090, 391-35-050, 391-45-050, and 391-95-110;

(b) WAC 10-08-050, which relates to office of administrative hearings procedures inapplicable to proceedings before the public employment relations commission;

(c) WAC 10-08-083, which is replaced by detailed requirements in WAC 391-08-010;

(d) WAC 10-08-110, which is replaced by detailed requirements in WAC 391-08-120;

(e) WAC 10-08-120, which is replaced by detailed requirements in WAC 391-08-040, 391-08-300 and 391-08-310;

(f) WAC 10-08-140, which is limited by WAC 391-08-040, 391-08-300 and 391-08-310;

(g) WAC 10-08-150, which is limited by WAC 391-08-315;

(h) WAC 10-08-211, which is replaced by WAC 391-08-640 and detailed requirements in WAC 391-25-390, 391-25-391, 391-25-590, 391-25-630, 391-25-650, 391-25-660, 391-25-670, 391-35-210, 391-35-250, 391-45-350, 391-45-390, 391-95-270, and 391-95-290;

(i) WAC 10-08-230, which is replaced by detailed requirements in WAC 391-25-150, 391-25-220, 391-25-230, 391-25-250, 391-25-270, 391-35-070, 391-35-080, 391-45-070, 391-45-090, 391-45-260, and 391-95-170; and

(j) WAC 10-08-250, 10-08-251, and 10-08-252 which are replaced by detailed requirements in WAC 391-08-520.

(2) Chapter 391-25 WAC, which regulates representation proceedings.

(3) Chapter 391-35 WAC, which regulates unit clarification proceedings and contains some well-established unit determination standards in a subchapter of rules beginning at WAC 391-35-300.

(4) Chapter 391-45 WAC, which regulates unfair labor practice proceedings.

(5) Chapter 391-55 WAC, which regulates the resolution of impasses in collective bargaining.

(6) Chapter 391-65 WAC, which regulates grievance arbitration and grievance mediation proceedings.

(7) Chapter 391-95 WAC, which regulates union security nonassociation proceedings.

In the event of a conflict between a general rule in this chapter and a special rule in another chapter applicable to a particular proceeding, the special rule shall govern.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, and 49.39.060. 10-20-172, 391-08-001, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060. 03-03-064, 391-08-001, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050. 01-14-009, 391-08-001, filed 6/22/01, effective 8/1/01; 00-14-048, 391-08-001, filed 6/30/00, effective 8/1/00; 98-14-112, 391-08-001, filed 7/1/98, effective 8/1/98; 96-07-105, 391-08-001, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110 and chapters 28B.52, 41.56, 41.58, 41.59, 49.08 and 53.18 RCW. 90-06-070, 391-08-001, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 34.04.022, 41.58.050, 41.56.090, 41.59.110 and 28B.52.080. 83-24-031 (Order 83-01), 391-08-001, filed 12/1/83, effective 1/1/84. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-045 (Order 80-4), 391-08-001, filed 9/30/80, effective 11/1/80; Order 77-1, 391-08-001, filed 1/27/77.]


AMENDATORY SECTION(Amending WSR 90-06-070, filed 3/7/90, effective 4/7/90)

WAC 391-08-007   Definitions.   As used in TITLE 391 WAC:

(1) "Agency" means the public employment relations commission, its officers and agents;

(2) "Commission" means the public employment relations commission;

(3) "Executive director" means the officer of that title appointed by the commission pursuant to RCW 41.58.015(2);

(4) "Labor dispute" means any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee.

(5) "Marine employees' commission" means the marine employees' commission appointed under section 16, chapter 16 (2ESSB 5742), Laws of 2011 1st sp. sess.

(6) "Presiding officer" means an agency official(s), examiner, hearing officer or other person authorized to act on behalf of the agency.

[Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110 and chapters 28B.52, 41.56, 41.58, 41.59, 49.08 and 53.18 RCW. 90-06-070, 391-08-007, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 34.04.022, 41.58.050, 41.56.090, 41.59.110 and 28B.52.080. 83-24-031 (Order 83-01), 391-08-007, filed 12/1/83, effective 1/1/84. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-045 (Order 80-4), 391-08-007, filed 9/30/80, effective 11/1/80; Order 77-1, 391-08-007, filed 1/27/77.]


AMENDATORY SECTION(Amending WSR 98-14-112, filed 7/1/98, effective 8/1/98)

WAC 391-08-520   Declaratory orders.   Any person may petition the commission for a declaratory order, under RCW 34.05.240, with respect to the applicability to specified circumstances of a rule, order, or statute enforceable by the commission. For purposes of this section, the term person includes natural persons, employee organizations, and employers.

(1) A petition for a declaratory order shall generally adhere to the following form:

(a) At the top of the page shall appear the wording "Before the Public Employment Relations Commission," a caption setting out "In the Matter of the Petition of (name of petitioner to be inserted) for a Declaratory Order," and the title "Petition."

(b) The body of the petition shall set out, in numbered paragraphs:

(i) The name and address of the petitioner and the name and address, if any, of the representative appearing on behalf of the petitioner.

(ii) The name(s) and address(es) of any other party which the petitioner seeks to have bound by any declaratory order issued by the commission, and the name(s) and address(es) of their representatives, if known.

(iii) The rule(s), order(s) or statute(s) from which the controversy arises.

(iv) The facts which the petitioner wishes the commission to consider in issuing a declaratory order.

(v) The issues which the petitioner wishes the commission to address in its order.

(vi) The relief requested by the petitioner.

(vii) The reasons on which the petitioner relies to show that: Uncertainty necessitating resolution exists; there is actual controversy arising from the uncertainty such that a declaratory order will not be merely an advisory opinion; the uncertainty adversely affects the petitioner; and the adverse effect of uncertainty on the petitioner outweighs any adverse effects on others or on the general public that may likely arise from the order requested.

(c) The petition shall be filed at the commission's Olympia office as required by WAC 391-08-120(1), and copies shall be served on other parties named in the petition as required by WAC 391-08-120 (3) and (4).

(2) Within fifteen days after receipt of a petition for a declaratory order, the executive director or designee shall give notice of the petition to all persons to whom notice is required by law, and may give notice to any other person he or she deems desirable. The notice shall establish a deadline for necessary parties other than the petitioner to file written consent to the determination of the matter by a declaratory order.

(3) The petition and any responses from parties shall be forwarded to the commission for consideration. The commission shall not issue a declaratory order if:

(a) The matter is or could have been the subject of any other adjudicative proceeding before the commission; or

(b) A necessary party whose rights would be substantially prejudiced does not consent, in writing, to the determination of the matter by a declaratory order.

(4) The commission may consider the petition without argument and shall, within thirty days after receipt of the petition, do one of the following:

(a) Enter an order declaring the applicability of the statute, rule, or order in question to the specified circumstances;

(b) Set a reasonable time and place for a hearing to be held within ninety days after receipt of the petition, including submission of evidence by the parties if deemed necessary by the commission, or submission of written argument upon the matter if the material facts are not in dispute. The commission shall give seven days or more advance written notice to the petitioner and other persons who have been given notice of the petition pursuant to subsection (2) of this section of the time, date, and place for the hearing or submission and of the issues it will be considering;

(c) Set a specified time within ninety days after receipt of the petition by which it will enter a declaratory order; or

(d) Decline to enter a declaratory order, stating the reasons for its action.

(5) The commission may extend the time limits of subsection (4)(b) and (c) of this section, for good cause.

(6) The commission may, at any time before taking final action on a petition under this section, request submission of additional facts or argument, including setting the case for oral argument.

(7) If the commission proceeds in the manner provided in subsection (4)(b) of this section, it shall within a reasonable time after conclusion of the proceeding:

(a) Issue a declaratory order; or

(b) Notify the petitioner and any other party to the proceeding that no declaratory order will be issued and state the reasons for such action.

(8) A declaratory order entered by the commission or a decision to decline to enter a declaratory order shall be in writing, and shall be served upon all parties identified in subsection (2) of this section. Each declaratory order shall contain the names of all parties to the proceeding on which it is based, the particular facts on which it is based, and the reasons for its conclusions.

(9) A declaratory order has the same status as any other order entered in an adjudicative proceeding conducted by the commission.

(10) In the event a declaratory order is filed involving the application of the provisions of chapter 47.64 RCW, the marine employees' commission shall act in place of the commission.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050 and 34.05.240. 98-14-112, 391-08-520, filed 7/1/98, effective 8/1/98.]


AMENDATORY SECTION(Amending WSR 03-03-064, filed 1/14/03, effective 2/14/03)

WAC 391-08-630   Agency structure -- Substitution for executive director.   (1) The public employment relations commission and its staff maintain an impartial role in all proceedings pending before the agency.

(2) The commission consists of three citizen members appointed by the governor with the advice and consent of the senate, pursuant to RCW 41.58.010. Commission members serve on a part-time basis only. All commission members represent the interests of the public. The commission reserves to itself a policy-making and appellate function.

(3) The executive director appointed by the commission pursuant to RCW 41.58.015(2) is the full-time agency head, with authority to act in administrative and personnel matters. Authority is also delegated to the executive director to make substantive decisions in certain types of cases.

(4) The commission's professional staff is appointed pursuant to RCW 41.58.015(3). A "multifunctional" staffing pattern is used, whereby individual members of the commission's professional staff are assigned from time to time to conduct any or all of the types of dispute resolution services provided by the agency. Authority is delegated to members of the professional staff to make decisions as "examiner" under chapters 391-45 and 391-95 WAC. The executive director may also delegate authority to members of the professional staff to make decisions in certain situations under chapters 391-25 and 391-35 WAC.

(5) In the event the executive director is disqualified from participation in a decision, the most senior (in terms of length of service with this agency) dispute resolution manager authorized to act as the designee of the executive director to make preliminary rulings on unfair labor practice cases under WAC 391-45-110, who has not been directly involved in the particular circumstances shall make decisions and rulings otherwise required of the executive director. Thereafter, this authority passes to the other dispute resolution managers in agency seniority order.

(6) The marine employees' commission consists of three citizen members appointed by the governor with the advice and consent of the senate, pursuant to and consistent with section 16, chapter 16 (2ESSB 5742), Laws of 2011 1st sp. sess.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060, 41.58.010 and [41.58].015. 03-03-064, 391-08-630, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.58.010 and 41.58.015. 98-14-112, 391-08-630, filed 7/1/98, effective 8/1/98; 90-06-070, 391-08-630, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 34.04.022, 41.58.050, 41.56.090, 41.59.110 and 28B.52.080. 85-19-059 (Resolution No. 85-01), 391-08-630, filed 9/16/85.]


AMENDATORY SECTION(Amending WSR 08-04-059, filed 1/31/08, effective 4/1/08)

WAC 391-08-640   Adjudicative proceedings -- Appeals.   Actions by the executive director and other agency staff members in adjudicative proceedings under the Administrative Procedure Act (cases under chapters 391-25, 391-35, 391-45 and 391-95 WAC) are taken under authority delegated by the commission.

(1) The parties shall have the right to appeal to the commission, as follows:

(a) Under chapter 391-25 WAC, a direction of election or direction of cross-check and other rulings in the proceedings up to the issuance of a tally are interim orders, and may only be appealed to the commission by objections under WAC 391-25-590 after the election or cross-check.

(b) Under chapter 391-25 WAC, an order issued under WAC 391-25-390 or 391-25-510 and any rulings in the proceedings up to the issuance of the order, as well as rulings that the employer or employees are subject to the jurisdiction of the commission, may be appealed to the commission under WAC 391-25-660.

(c) Under chapter 391-35 WAC, an order issued under WAC 391-35-190 and any rulings in the proceedings up to the issuance of the order may be appealed to the commission under WAC 391-35-210.

(d) Under chapter 391-45 WAC, an order issued under WAC 391-45-110(1) or 391-45-310 and any rulings in the proceedings up to the issuance of the order may be appealed to the commission under WAC 391-45-350.

(e) Under chapter 391-95 WAC, an order issued under WAC 391-95-150(1) or 391-95-250 and any rulings in the proceedings up to the issuance of the order may be appealed to the commission under WAC 391-95-270.

(2) For cases decided under chapter 47.64 RCW, the marine employees' commission shall act in place of the commission.

(3) The commission will only consider amicus (friend of the forum) briefs filed in conformity with this subsection.

(a) The person or organization desiring to file an amicus brief must:

(i) Obtain a copy of the decision on appeal, the notice of appeal, and the briefs of the parties;

(ii) Limit any amicus brief to particular issues on appeal;

(iii) Limit any legal analysis to arguments that differ from those advanced by the parties;

(iv) Exclude restatement or reargument of the facts, except as necessary to legal arguments under (a)(iii) of this subsection;

(v) Limit any amicus brief to twenty-five pages in total length (double-spaced, 12-point type); and

(vi) File the amicus brief with the commission within fourteen days following filing and service of the briefs of the parties, and serve copies of any such brief on each of the original parties in the case.

(b) The commission may extend the deadline for a party wishing to file an amicus brief if the petitioning party demonstrates good cause for such extension.

(c) The original parties to the case may, within fourteen days following the filing and service of an amicus brief, file and serve written responses to the amicus brief.

(d) A person or organization that files an amicus brief does not thereby acquire any right to reply to the responses filed by the original parties to the case.

(e) A person or organization that files an amicus brief does not thereby become a party to the case for purposes of any further proceedings or appeal.

(((3))) (4) The commission may, on its own motion, review any order which is subject to appeal under subsection (1) of this section, by giving written notice to all parties within thirty days following the issuance of the order.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080. 08-04-059, 391-08-640, filed 1/31/08, effective 4/1/08. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050 and 34.05.464. 98-14-112, 391-08-640, filed 7/1/98, effective 8/1/98.]


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

WAC 391-08-650   Case docketing and numbering.   The agency maintains a computerized case docketing system which is used to track and manage all requests for the dispute resolution service provided by the agency.

(1) Each case processed by the agency is identified by a unique number consisting of four components.

(a) The first component, consisting of a five-digit number, indicates the sequential number of cases docketed since the agency commenced operations on January 1, 1976.

(b) The second component, consisting of one alphabetic code, indicates the type of dispute being processed, as follows:

"A" indicates a grievance arbitration proceeding under chapter 391-65 WAC, wherein an agency staff member is to interpret or apply an existing collective bargaining agreement.

"C" indicates a unit clarification proceeding under chapter 391-35 WAC.

"D" indicates a declaratory ruling or declaratory order proceeding under the Administrative Procedure Act, and formerly included proceedings under chapter 391-95 WAC concerning assertion of the right of nonassociation by employees subject to union security obligations.

"E" indicates a representation proceeding under chapter 391-25 WAC.

"F" indicates a fact-finding proceeding under chapter 391-55 WAC, to recommend the terms of a collective bargaining agreement.

"G" indicates a grievance mediation proceeding under chapter 391-55 WAC after January 1, 1996, concerning the interpretation or application of an existing collective bargaining agreement.

"I" indicates an interest arbitration proceeding under chapter 391-55 WAC, to establish the terms of a collective bargaining agreement.

"M" indicates a mediation proceeding under chapter 391-55 WAC, limited after January 1, 1996, to disputes concerning the terms of a collective bargaining agreement.

"N" indicates a proceeding under chapter 391-95 WAC after January 1, 1996, concerning assertion of the right of nonassociation by employees subject to union security obligations.

"P" indicates a request for a list of arbitrators from the commission's dispute resolution panel for grievance arbitration proceedings under chapter 391-65 WAC.

"S" indicates a settlement mediation proceeding for cases under chapters 391-45 and 391-95 WAC.

"U" indicates an unfair labor practice proceeding under chapter 391-45 WAC.

(c) The third component, consisting of a two-digit number, indicates the calendar year in which the case is docketed.

(d) The fourth component, consisting of a five-digit number, indicates the sequential number of the case within the type of dispute identified in the second component, since the agency commenced operations on January 1, 1976.

(2) Cases involving various departments or divisions of an employer entity are docketed under the name of the employer entity.

(3) Cases filed by an employee organization or labor organization are docketed under the name of the organization, even if employees represented by that organization are named individually in the pleadings or are affected by the outcome of the proceedings.

(4) Cases filed by two or more individual employees are docketed separately for each employee.

(5) Cases filed by an individual employee involving multiple respondents are docketed separately for each respondent.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050 and 34.05.220. 96-07-105, 391-08-650, filed 3/20/96, effective 4/20/96.]


AMENDATORY SECTION(Amending WSR 03-11-029, filed 5/15/03, effective 6/15/03)

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 (Collective Bargaining -- Academic Personnel in Community Colleges).

"EDUC" indicates cases decided under chapter 41.59 RCW (Educational Employment Relations Act).

"FCBA" indicates cases decided under chapter 41.76 RCW (faculty at public four-year institutions of higher education).

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

"PECB" indicates cases decided under chapter 41.56 RCW (Public Employees' Collective Bargaining Act), including some cases involving port districts.

"PORT" indicates cases decided exclusively under chapter 53.18 RCW (Employment Relations -- Collective Bargaining and Arbitration), relating to port districts.

"PRIV" indicates cases decided under chapter 49.08 RCW, relating to private sector employers and employees.

"PSRA" indicates cases decided under RCW 41.06.340 and/or chapter 41.80 RCW (Personnel System Reform Act).

(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 italicized, the word "Decision" followed by the decision number, and the statute and year the decision was issued (in parenthesis).
Examples: City of Roe, Decision 1234 (PECB, 1992)


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


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

EXCEPTION: 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), 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) To satisfy the requirements of RCW 42.17.260(5), the agency publishes its decisions, together with a search engine, on its web site at: "www.perc.wa.gov".

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060, and 34.05.220. 03-11-029, 391-08-670, filed 5/15/03, effective 6/15/03; 03-03-064, 391-08-670, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, and 34.05.220. 00-24-044, 391-08-670, filed 11/30/00, effective 1/1/01; 96-07-105, 391-08-670, filed 3/20/96, effective 4/20/96.]

OTS-4115.2


AMENDATORY SECTION(Amending WSR 10-20-172, filed 10/6/10, effective 11/6/10)

WAC 391-25-002   Sequence and numbering of rules -- Special provisions.   This chapter of the Washington Administrative Code is designed to regulate proceedings under a number of different chapters of the Revised Code of Washington. General rules are set forth in sections with numbers divisible by ten. Where a deviation from the general rule is required for conformity with a particular statute, that special provision is set forth in a separate rule numbered as follows:

(1) Special provisions relating to chapter 41.56 RCW (Public Employees' Collective Bargaining Act) and to chapter 53.18 RCW (port employees) are set forth in WAC sections numbered one digit greater than the general rule on that subject matter.

(2) Special provisions relating to chapter 41.59 RCW (Educational Employment Relations Act) are set forth in WAC sections numbered two digits greater than the general rule on that subject matter.

(3) Special provisions relating to chapter 28B.52 RCW (Collective Bargaining -- Academic Personnel in Community Colleges) are set forth in WAC sections numbered three digits greater than the general rule on that subject matter.

(4) Special provisions relating to chapter 47.64 RCW (Marine employees -- Public employment relations) are set forth in WAC sections numbered four digits greater than the general rule on that subject matter.

(5) Special provisions relating to RCW 41.06.340 and/or chapter 41.80 RCW (Personnel System Reform Act) are set forth in WAC sections numbered six digits greater than the general rule on that subject matter.

(((5))) (6) Special provisions relating to chapter 41.76 RCW (faculty at public four-year institutions of higher education) are set forth in WAC sections numbered seven digits greater than the general rule on that subject matter.

(((6))) (7) Special provisions relating to chapter 49.39 RCW (symphony musicians) and chapter 49.08 RCW (private sector and other employees) are set forth in WAC sections numbered nine digits greater than the general rule on that subject matter.

[Statutory Authority: RCW 28B.52.080, 41.06.340, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080, and 49.39.060. 10-20-172, 391-25-002, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060. 03-03-064, 391-25-002, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050. 01-14-009, 391-25-002, filed 6/22/01, effective 8/1/01. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110 and chapters 28B.52, 41.56, 41.58, 41.59, 49.08 and 53.18 RCW. 90-06-072, 391-25-002, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 34.04.022, 41.58.050, 41.56.090, 41.59.110 and 28B.52.080. 83-24-032 (Order 83-02), 391-25-002, filed 12/1/83, effective 1/1/84. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-046 (Order 80-5), 391-25-002, filed 9/30/80, effective 11/1/80.]


NEW SECTION
WAC 391-25-034   Special provision -- Marine employees.   For marine employees:

(1) The "window" period specified in WAC 391-25-030(1) shall be computed as not more than one hundred twenty nor less than ninety days prior to the stated expiration date of the collective bargaining agreement.

(2) The "protected" period specified in WAC 391-25-030 (1)(c) shall be computed as ninety days.

(3) The duration of any collective bargaining agreement negotiated under chapter 47.64 RCW shall not exceed one fiscal biennium.

[]


NEW SECTION
WAC 391-25-674   Special provision -- Marine employees.   If there are objections under WAC 391-25-590 or an order is appealed under WAC 391-25-660 involving employees covered by chapter 47.64 RCW, the marine employees' commission shall act in place of the commission, and the entire record in the proceedings shall be transmitted to the marine employees' commission members. The marine employees' commission may request the parties to appear before it to make oral arguments as to any or all of the issues in the matter. The marine employees' commission shall determine the objections or appeal and any challenged ballots referred to the marine employees' commission pursuant to WAC 391-25-510, and shall issue appropriate orders.

[]

OTS-4116.1


AMENDATORY SECTION(Amending WSR 10-20-172, filed 10/6/10, effective 11/6/10)

WAC 391-35-002   Sequence and numbering of rules -- Special provisions.   This chapter of the Washington Administrative Code is designed to regulate proceedings under a number of different chapters of the Revised Code of Washington. General rules are set forth in sections with numbers divisible by ten. Where a deviation from the general rule is required for conformity with a particular statute, that special provision is set forth in a separate rule, numbered as follows:

(1) Special provisions relating to chapter 41.56 RCW (Public Employees' Collective Bargaining Act) and to chapter 53.18 RCW (port employees) are set forth in WAC sections numbered one digit greater than the general rule on that subject matter.

(2) Special provisions relating to chapter 41.59 RCW (Educational Employment Relations Act) are set forth in WAC sections numbered two digits greater than the general rule on that subject matter.

(3) Special provisions relating to chapter 28B.52 RCW (Collective Bargaining -- Academic Personnel in Community Colleges) are set forth in WAC sections numbered three digits greater than the general rule on that subject matter.

(4) Special provisions relating to chapter 47.64 RCW (Marine employees -- Public employment relations) are set forth in WAC sections numbered four digits greater than the general rule on that subject matter.

(5) Special provisions relating to RCW 41.06.340 and/or chapter 41.80 RCW (Personnel System Reform Act) are set forth in WAC sections numbered six digits greater than the general rule on that subject matter.

(((5))) (6) Special provisions relating to chapter 41.76 RCW (faculty at public four-year institutions of higher education) are set forth in WAC sections numbered seven digits greater than the general rule on that subject matter.

(((6))) (7) Special provisions relating to chapter 49.39 RCW (symphony musicians) and chapter 49.08 RCW (private sector and other employees) are set forth in WAC sections numbered nine digits greater than the general rule on that subject matter.

[Statutory Authority: RCW 28B.52.080, 41.06.340, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080, and 49.39.060. 10-20-172, 391-35-002, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060. 03-03-064, 391-35-002, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050. 01-14-009, 391-35-002, filed 6/22/01, effective 8/1/01. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110 and chapters 28B.52, 41.56, 41.58, 41.59, 49.08 and 53.18 RCW. 90-06-073, 391-35-002, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 34.04.022, 41.58.050, 41.56.090, 41.59.110 and 28B.52.080. 83-24-033 (Order 83-03), 391-35-002, filed 12/1/83, effective 1/1/84. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-047 (Order 80-6), 391-35-002, filed 9/30/80, effective 11/1/80.]


NEW SECTION
WAC 391-35-254   Special provision -- Marine employees.   If an order is appealed under WAC 391-35-210 involving employees covered by chapter 47.64 RCW, the marine employees' commission shall act in place of the commission, and the entire record in the proceedings shall be transmitted to the marine employees' commission members. The marine employees' commission may request the parties to appear before it to make oral arguments as to any or all of the issues in the matter. The marine employees' commission shall determine the status of each position, classification or group covered by the appeal, and shall issue appropriate orders.

[]


NEW SECTION
WAC 391-35-344   Special provision -- Marine employees.   The captains of a Washington state ferry vessel, also known as the master of a vessel or the commanding officer, are "supervisors," and shall be placed in a separate bargaining in accordance with section 8, chapter 16 (2ESSB 5742), Laws of 2011 1st sp. sess. and WAC 391-35-340.

[]

OTS-4117.1


AMENDATORY SECTION(Amending WSR 10-20-172, filed 10/6/10, effective 11/6/10)

WAC 391-45-002   Sequence and numbering of rules -- Special provisions.   This chapter of the Washington Administrative Code is designed to regulate proceedings under a number of different chapters of the Revised Code of Washington. General rules are set forth in sections with numbers divisible by ten. Where a deviation from the general rule is required for conformity with a particular statute, that special provision is set forth in a separate rule numbered as follows:

(1) Special provisions relating to chapter 41.56 RCW (Public Employees' Collective Bargaining Act) and to chapter 53.18 RCW (port employees) are set forth in WAC sections numbered one digit greater than the general rule on that subject.

(2) Special provisions relating to chapter 41.59 RCW (Educational Employment Relations Act) are set forth in WAC sections numbered two digits greater than the general rule on that subject matter.

(3) Special provisions relating to chapter 28B.52 RCW (Collective Bargaining -- Academic Personnel in Community Colleges) are set forth in WAC sections numbered three digits greater than the general rule on that subject matter.

(4) Special provisions relating to chapter 47.64 RCW (Marine employees -- Public employment relations) are set forth in WAC sections numbered four digits greater than the general rule on that subject matter.

(5) Special provisions relating to RCW 41.06.340 and/or chapter 41.80 RCW (Personnel System Reform Act) are set forth in WAC sections numbered six digits greater than the general rule on that subject matter.

(((5))) (6) Special provisions relating to chapter 41.76 RCW (faculty at public four-year institutions of higher education) are set forth in WAC sections numbered seven digits greater than the general rule on that subject matter.

(((6))) (7) Special provisions relating to chapter 49.39 RCW (symphony musicians) and chapter 49.08 RCW (Private sector and other employees) are set forth in WAC sections numbered nine digits greater than the general rule on that subject matter.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.120, and 49.39.060. 10-20-172, 391-45-002, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060. 03-03-064, 391-45-002, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050. 01-14-009, 391-45-002, filed 6/22/01, effective 8/1/01; 00-14-048, 391-45-002, filed 6/30/00, effective 8/1/00. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110 and chapters 28B.52, 41.56, 41.58, 41.59 and 53.18 RCW. 90-06-074, 391-45-002, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 34.04.022, 41.58.050, 41.56.090, 41.59.110 and 28B.52.080. 83-24-034 (Order 83-04), 391-45-002, filed 12/1/83, effective 1/1/84. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-048 (Order 80-7), 391-45-002, filed 9/30/80, effective 11/1/80.]


NEW SECTION
WAC 391-45-394   Special provision -- Marine employees.   If an order is appealed under WAC 391-45-350 involving employees covered by chapter 47.64 RCW, the marine employees' commission shall act in place of the commission, and the entire record in the proceedings shall be transmitted to the marine employees' commission members. The marine employees' commission may request the parties to appear before it to make oral arguments as to any or all of the issues in the matter. The marine employees' commission shall determine the status of each position, classification or group covered by the appeal, and shall issue appropriate orders.

[]

OTS-4118.1


AMENDATORY SECTION(Amending WSR 10-20-172, filed 10/6/10, effective 11/6/10)

WAC 391-55-002   Sequence and numbering of rules -- Special provisions.   This chapter of the Washington Administrative Code is designed to regulate proceedings under a number of different chapters of the Revised Code of Washington. General rules are set forth in sections with numbers divisible by ten. Where a deviation from the general rule is required for conformity with a particular statute, that special provision is set forth in a separate rule numbered as follows:

(1) Special provisions relating to chapter 41.56 RCW (Public Employees' Collective Bargaining Act) and to chapter 53.18 RCW (port employees) are set forth in WAC sections numbered one digit greater than the general rule on that subject matter.

Special provisions relating to bargaining units eligible for interest arbitration are set forth beginning with WAC 391-55-200.

(2) Special provisions relating to chapter 41.59 RCW (Educational Employment Relations Act) are set forth in WAC sections numbered two digits greater than the general rule on that subject matter. Special provisions relating to fact finding are set forth beginning with WAC 391-55-300.

(3) Special provisions relating to chapter 28B.52 RCW (Collective Bargaining--Academic Personnel in Community Colleges) are set forth in WAC sections numbered three digits greater than the general rule on that subject matter.

(4) Special provisions relating to chapter 47.64 RCW (Marine employees -- Public employment relations) are set forth in WAC sections numbered four digits greater than the general rule on that subject matter.

(5) Special provisions relating to chapter 41.80 RCW (Personnel System Reform Act) are set forth in WAC sections numbered six digits greater than the general rule on that subject matter.

(((5))) (6) Special provisions relating to chapter 41.76 RCW (faculty at public four-year institutions of higher education) are set forth in WAC sections numbered seven digits greater than the general rule on that subject matter.

(((6))) (7) Special provisions relating to chapter 49.39 RCW (symphony musicians) and chapter 49.08 RCW (private sector and other employees) are set forth in WAC sections numbered nine digits greater than the general rule on that subject matter.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.090, and 49.39.060. 10-20-172, 391-55-002, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060. 03-03-064, 391-55-002, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110 and 41.58.050. 99-14-060, 391-55-002, filed 7/1/99, effective 8/1/99; 96-07-105, 391-55-002, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW 28B.52.080, 41.58.050, 41.56.090 and 41.59.110. 88-12-055 (Order 88-08), 391-55-002, filed 5/31/88. Statutory Authority: RCW 34.04.022, 41.58.050, 41.56.090, 41.59.110 and 28B.52.080. 83-24-035 (Order 83-05), 391-55-002, filed 12/1/83, effective 1/1/84. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-049 (Order 80-8), 391-55-002, filed 9/30/80, effective 11/1/80.]


AMENDATORY SECTION(Amending WSR 10-20-172, filed 10/6/10, effective 11/6/10)

WAC 391-55-200   Interest arbitration -- Certification of issues.   (1) If a dispute involving a bargaining unit eligible for interest arbitration under RCW 41.56.028, 41.56.029, 41.56.030(7), 41.56.475, 41.56.492, 41.56.496, 41.56.510, 47.64.300, or 74.39A.270 (2)(c) has not been settled after a reasonable period of mediation, and the mediator is of the opinion that his or her further efforts will not result in an agreement, the following procedure shall be implemented:

(a) The mediator shall notify the parties of his or her intention to recommend that the remaining issues in dispute be submitted to interest arbitration.

(b) Within seven days after being notified by the mediator, each party shall submit to the mediator and serve on the other party a written list (including article and section references to parties' latest collective bargaining agreement, if any) of the issues that the party believes should be advanced to interest arbitration.

(2) The mediator shall review the lists of issues submitted by the parties.

(a) The mediator shall exclude from certification any issues that have not been mediated.

(b) The mediator shall exclude from certification any issues resolved by the parties in bilateral negotiations or mediation, and the parties may present those agreements as "stipulations" in interest arbitration under RCW 41.56.465 (1)(b), 41.56.475 (2)(b), or 41.56.492 (2)(b).

(c) The mediator may convene further mediation sessions and take other steps to resolve the dispute.

(3) If the dispute remains unresolved after the completion of the procedures in subsections (1) and (2) of this section, interest arbitration shall be initiated, as follows:

(a) Except as provided in (b) of this subsection, the mediator shall forward his or her recommendation and a list of unresolved issues to the executive director, who shall consider the recommendation of the mediator. The executive director may remand the matter for further mediation. If the executive director finds that the parties remain at impasse, the executive director shall certify the unresolved issues for interest arbitration.

(b) For a bargaining unit covered by RCW 41.56.492, the mediator shall certify the unresolved issues for interest arbitration.

[Statutory Authority: RCW 41.56.090, 41.58.050, and 74.39A.270. 10-20-172, 391-55-200, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060, 41.56.450, [41.56].475, [41.56].492 and 74.39A.270. 03-03-064, 391-55-200, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.56.450, 41.56.475 and 41.56.492. 99-14-060, 391-55-200, filed 7/1/99, effective 8/1/99. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.56.450 and [41.56].492. 96-07-105, 391-55-200, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-049 (Order 80-8), 391-55-200, filed 9/30/80, effective 11/1/80.]

OTS-4119.2


AMENDATORY SECTION(Amending WSR 10-20-172, filed 10/6/10, effective 11/6/10)

WAC 391-65-002   Sequence and numbering of rules -- Special provisions.   This chapter of the Washington Administrative Code is designed to regulate proceedings under a number of different chapters of the Revised Code of Washington. General rules are set forth in sections with numbers divisible by ten. Where a deviation from the general rule is required for conformity with a particular statute, that special provision is set forth in a separate rule numbered as follows:

(1) Special provisions relating to chapter 41.56 RCW (Public Employees' Collective Bargaining Act) and to chapter 53.18 RCW (port employees) are set forth in WAC sections numbered one digit greater than the general rule on that subject matter.

(2) Special provisions relating to chapter 41.59 RCW (Educational Employment Relations Act) are set forth in WAC sections numbered two digits greater than the general rule on that subject matter.

(3) Special provisions relating to chapter 28B.52 RCW (Collective Bargaining -- Academic Personnel in Community Colleges) are set forth in WAC sections numbered three digits greater than the general rule on that subject matter.

(4) Special provisions relating to chapter 47.64 RCW (Marine employees -- Public employment relations) are set forth in WAC sections numbered four digits greater than the general rule on that subject matter.

(5) Special provisions relating to chapter 41.80 RCW (Personnel System Reform Act) are set forth in WAC sections numbered six digits greater than the general rule on that subject matter.

(((5))) (6) Special provisions relating to chapter 41.76 RCW (faculty at public four-year institutions of higher education) are set forth in WAC sections numbered seven digits greater than the general rule on that subject matter.

(((6))) (7) Special provisions relating to chapter 49.39 RCW (symphony musicians) and chapter 49.08 RCW (private sector and other employees) are set forth in WAC sections numbered nine digits greater than the general rule on that subject matter.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.130, and 49.39.060. 10-20-172, 391-65-002, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060. 03-03-064, 391-65-002, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110 and 41.58.050. 99-14-060, 391-65-002, filed 7/1/99, effective 8/1/99. Statutory Authority: RCW 34.04.022, 41.58.050, 41.56.090, 41.59.110 and 28B.52.080. 83-24-036 (Order 83-06), 391-65-002, filed 12/1/83, effective 1/1/84. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-050 (Order 80-9), 391-65-002, filed 9/30/80, effective 11/1/80.]


NEW SECTION
WAC 391-65-075   Special provision -- Marine employees.   Grievance arbitration cases filed under chapter 47.64 RCW shall be mediated by agency staff under chapter 391-55 WAC. Absent settlement, the grievance arbitration proceeding may be conducted by the marine employees' commission in a manner consistent with this chapter.

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AMENDATORY SECTION(Amending WSR 08-04-059, filed 1/31/08, effective 4/1/08)

WAC 391-65-110   Grievance arbitration -- Conduct of proceedings.   The arbitrator assigned or selected shall conduct the arbitration proceedings in the manner provided in the collective bargaining agreement under which the dispute arises, subject to the following:

(1) Arbitration cases handled by members of the agency staff shall be kept in the public files of the agency.

(2) ((The services of a member of the commission staff as arbitrator shall be subject to interruption for reassignment of the staff member to other functions of the agency having a higher priority.

(3))) Except as provided in subsections (1) and (2) of this section, all arbitrators shall maintain compliance with the "Code of Professional Responsibility for Arbitrators of Labor-Management Disputes" as last amended with approval of the Federal Mediation and Conciliation Service.

(((4))) (3) Rulings, actions, and decisions issued by staff arbitrators under this chapter shall not be subject to appeal to the commission or the marine employees' commission.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080. 08-04-059, 391-65-110, filed 1/31/08, effective 4/1/08. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060 and 41.56.125. 03-03-064, 391-65-110, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050 and 41.56.125. 99-14-060, 391-65-110, filed 7/1/99, effective 8/1/99; 96-07-105, 391-65-110, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-050 (Order 80-9), 391-65-110, filed 9/30/80, effective 11/1/80.]

OTS-4120.1


NEW SECTION
WAC 391-95-002   Sequence and numbering of rules -- Special provisions.   This chapter of the Washington Administrative Code is designed to regulate proceedings under a number of different chapters of the Revised Code of Washington. General rules are set forth in sections with numbers divisible by ten. Where a deviation from the general rule is required for conformity with a particular statute, that special provision is set forth in a separate rule numbered as follows:

(1) Special provisions relating to chapter 41.56 RCW (Public Employees' Collective Bargaining Act) and to chapter 53.18 RCW (port employees) are set forth in WAC sections numbered one digit greater than the general rule on that subject matter.

(2) Special provisions relating to chapter 41.59 RCW (Educational Employment Relations Act) are set forth in WAC sections numbered two digits greater than the general rule on that subject matter.

(3) Special provisions relating to chapter 28B.52 RCW (Collective bargaining -- Academic personnel in community colleges) are set forth in WAC sections numbered three digits greater than the general rule on that subject matter.

(4) Special provisions relating to chapter 47.64 RCW (Marine employees -- Public employment relations) are set forth in WAC sections numbered four digits greater than the general rule on that subject matter.

(5) Special provisions relating to RCW 41.06.340 and/or chapter 41.80 RCW (Personnel System Reform Act) are set forth in WAC sections numbered six digits greater than the general rule on that subject matter.

(6) Special provisions relating to chapter 41.76 RCW (faculty at public four-year institutions of higher education) are set forth in WAC sections numbered seven digits greater than the general rule on that subject matter.

(7) Special provisions relating to chapter 49.39 RCW (Symphony musicians) and chapter 49.08 RCW (private sector and other employees) are set forth in WAC sections numbered nine digits greater than the general rule on that subject matter.

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Washington State Code Reviser's Office