Separate from any prehearing conference concerning procedural matters held by the examiner under WAC
10-08-130, a settlement conference concerning substantive issues may be held under WAC
10-08-200(15).
(1) A separate case number shall be assigned, and all files and papers for the settlement conference shall be kept separate from the files and papers for the unfair labor practice proceeding.
(2) A commission staff member other than the assigned examiner shall be assigned to explore settlement between the parties on the substantive issues.
(3) Any settlement conference shall be held in advance of the scheduled hearing date on the underlying unfair labor practice proceedings.
(4) During a settlement conference, the parties will be encouraged, on factual and legal grounds including precedent on the particular subject, to resolve the unfair labor practice dispute. Participation in a settlement conference is voluntary and nothing in this rule prohibits parties from exploring settlement on their own. Refusal by a party to participate in a settlement conference shall not prejudice that party in any manner. Conversations had and offers made in a settlement conference shall not be admissible in evidence at a hearing.
[Statutory Authority: RCW
28B.52.080,
41.56.090,
41.58.050,
41.59.110,
41.76.060,
41.80.080. WSR 08-04-059, § 391-45-260, filed 1/31/08, effective 4/1/08. Statutory Authority: RCW
28B.52.080,
41.56.090,
41.59.110,
41.58.050,
34.05.431,
41.56.160 and
41.59.150. WSR 00-14-048, § 391-45-260, filed 6/30/00, effective 8/1/00; WSR 96-07-105, § 391-45-260, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW
41.58.050,
28B.52.080,
41.56.090,
41.59.110,
28B.52.073,
41.56.160,
41.59.150 and
53.18.015. WSR 90-06-074, § 391-45-260, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW
28B.52.080,
41.58.050,
41.56.090 and
41.59.110. WSR 88-12-056 (Order 88-05), § 391-45-260, filed 5/31/88.]