(1) The executive director may suspend the processing of a representation petition under this chapter pending the outcome of related unfair labor practice proceedings if:
(a) A complaint charging unfair labor practices is filed under the provisions of chapter
391-45 WAC;
(b) It appears that the facts as alleged may constitute an unfair labor practice; and
(c) The unfair labor practice could improperly affect the outcome of a representation election.
(2) The complainant(s) in the unfair labor practice case may file and serve, as required by WAC
391-08-120, a written request to proceed. The request to proceed must specify the case number of the representation proceeding, request that the representation petition be processed notwithstanding the pending unfair labor practice case, and waive the right to file objections under WAC
391-25-590 (1)(a) based on conduct alleged in the unfair labor practice case. Upon the filing of a request to proceed, the executive director may resume the processing of the representation petition and must summarily dismiss any objections filed in conflict with the request to proceed.
[Statutory Authority: RCW
28B.52.080,
41.56.090,
41.58.050,
41.59.110,
41.76.060,
41.80.080,
47.64.135, and
49.39.060. WSR 22-23-101, § 391-25-370, filed 11/16/22, effective 1/1/23. Statutory Authority: RCW
28B.52.080,
41.56.090,
41.58.050,
41.59.110,
41.76.060,
41.80.080. WSR 08-04-058, § 391-25-370, filed 1/31/08, effective 4/1/08. Statutory Authority: RCW
28B.52.080,
41.56.090,
41.59.110,
41.58.050. WSR 01-14-009, § 391-25-370, filed 6/22/01, effective 8/1/01; WSR 98-14-112, § 391-25-370, filed 7/1/98, effective 8/1/98; WSR 96-07-105, § 391-25-370, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW
41.58.050,
28B.52.080,
41.56.090,
41.59.110,
41.56.070 and
41.59.070. WSR 90-06-072, § 391-25-370, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW
28B.52.080,
41.56.040,
41.58.050,
41.59.110 and
47.64.040. WSR 80-14-046 (Order 80-5), § 391-25-370, filed 9/30/80, effective 11/1/80.]