This agenda is prepared pursuant to RCW 34.05.314. The commission adopted emergency rules on June 14, 2002, to implement two recent statutory changes: (1) Initiative Measure No. 775 passed by Washington voters in November of 2001; and (2) Personnel System Reform Act of 2002 (chapter 354, Laws of 2002) passed by the Washington legislature in March of 2002, and signed into law by Governor Locke on April 3, 2002. The emergency rules became effective on June 18, 2002.

     The emergency rules affect the following section of chapter 391-08 WAC: WAC 391-08-001 Application and scope of chapter 391-08 WAC.

     The emergency rules affect the following sections of chapter 391-25 WAC: WAC 391-25-001 Scop -- Contents -- Other rules, 391-25-002 Sequence and numbering of rule -- Special provisions, 391-25-011 Special provision -- Optional coverage of classified employees of institutions of higher education under chapter 41.56 RCW, 391-25-036 Special provision -- State civil service employees (window period), 391-25-051 Special provision -- Individual providers under home care quality authority, 391-25-076 Special provision -- State civil service employees (representation cases pending before Washington Personnel Resources Board (PRB) transferred to commission), 391-25-096 Special provision -- State civil service employees (employer petition), 391-25-136 Special provision -- State civil service employees (list of employees), 391-25-396 Special provision -- State civil service employees (cross-check), 391-25-416 Special provision -- State civil service employees (life of authorization cards for cross-check), and 391-25-496 Special provision--State civil service employees (absentee ballots).

     The emergency rules affect the following sections of chapter 391-35 WAC: WAC 391-35-001 Scope -- Contents -- Other rules, 391-35-002 Sequence and numbering of rules--Special provisions, 391-35-026 Special provision--State civil service employees (until July 1, 2004, allows: (1) Division of existing units into separate units of supervisors and nonsupervisory employees; and (2) perfection of existing units based on five criteria, 391-35-056 Special provision -- State civil service employees (unit clarification cases pending before PRB transferred to commission), 391-35-326 Special provision--State civil service employees (exclusion of confidential employees), and 391-35-346 Special provision -- State civil service employees (exclusion of supervisors).

     The emergency rules affect the following sections of chapter 391-45 WAC: WAC 391-45-001 Scope -- Contents -- Other rules, 391-45-002 Sequence and numbering of rules -- Special provisions, and 391-45-056 Special provision -- State civil service employees (unfair labor practice cases pending before PRB transferred to commission).

     The emergency rules affect the following section of chapter 391-55 WAC: WAC 391-55-200 Interest arbitration -- Certification of issues.

     The commission will be considering permanent adoption of these emergency rules, as emergency rules are effective for only one hundred twenty days.

     The commission will also be considering adoption of emergency rules to implement a collective bargaining statute for faculty at four-year institutions of higher education. 2SHB 2403 (chapter 356, Laws of 2002) was passed by the legislature in March of 2002, and signed into law by Governor Locke (with a partial veto) in April of 2002. When that legislation goes into effect on October 1, 2002, the commission will administer a new chapter of the Revised Code of Washington.

     Please contact Mark S. Downing, Rules Coordinator, at (360) 570-7305 if you have any questions concerning this matter.

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