WSR 16-19-058 PERMANENT RULES PUBLIC EMPLOYMENT RELATIONS COMMISSION [Filed September 19, 2016, 7:59 a.m., effective October 20, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: The agency's case docketing rule, WAC 391-08-650, creates a system that sets forth four components that the agency must recognize when assigning a case number to a case. The fourth component indicates the sequential number of the case within the type of dispute identified since the agency started operation. The fourth component is unnecessary and confusing. The agency is proposing to eliminate the fourth case numbering component.
WAC 391-08-800 identifies a specific employee within the agency who is the agency's public records officer. Due to turnover, this individual has changed. The agency is proposing to amend the rule to make the identity of the public records officer generic.
Citation of Existing Rules Affected by this Order: Amending 2 [WAC 391-08-650 and 391-08-800].
Statutory Authority for Adoption: RCW 28B.52.080, 41.56.050, 41.59.110, 41.76.060, 41.80.080, 47.64.280(2), 49.39.060.
Adopted under notice filed as WSR 16-14-076 on July 1, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 13, 2016.
Dario de la Rosa
Representation Coordinator
AMENDATORY SECTION (Amending WSR 12-05-066, filed 2/15/12, effective 3/17/12)
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)) three 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.
AMENDATORY SECTION (Amending WSR 10-20-172, filed 10/6/10, effective 11/6/10)
WAC 391-08-800 Agency records—Public records officer—Contact information.
(1) Any person wishing to request access to public records of the agency, or seeking assistance in making such a request should contact the public records officer of the agency:
((David I. Gedrose))
Public Records Officer, Public Employment Relations Commission
P.O. Box 40919
((360-570-7322
David.Gedrose@perc.wa.gov))
360-570-7300
info@perc.wa.gov
Information is also available at the agency's web site at www.perc.wa.gov.
(2) The public records officer will oversee compliance with the act but another staff member may process the request. Therefore, these rules refer to the public records officer "or designee." The public records officer or designee will provide the "fullest assistance" to requestors, ensure that public records are protected from damage or disorganization, and prevent fulfilling public records requests from causing excessive interference with essential functions of the agency.
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