Title of Rule: WAC 316-02-150 Service of process -- Filing with commission, 316-02-810 Commission records -- Confidentiality, 316-02-820 Commission offices, 316-65-515 Conduct of grievance arbitration proceedings, and 316-85-020 Fact-finding surveys -- Content -- Coverage.

Purpose: To make housekeeping changes and to include previously nonreferenced portions of chapter 34.05 RCW and chapter 10-08 WAC.

Statutory Authority for Adoption: RCW 34.05.230.

Summary: Makes minor housekeeping changes to chapters 316-02, 316-65, and 316-85 WAC.

Reasons Supporting Proposal: In compliance with Executive Order 97-02, the rules were reviewed and clarification changes made to these rules.

Name of Agency Personnel Responsible for Drafting: Kathy Marshall, 711 Evergreen Plaza, Olympia, (360) 586-6354; Implementation and Enforcement: John (Jack) D. Nelson, 711 Evergreen Plaza, Olympia, (360) 586-6354.

Name of Proponent: Marine Employees' Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Makes housekeeping changes; includes previously uncited RCW and WAC references. The purpose and anticipated effect is to update the rules information, make them consistent with the model rules of procedure, and make the rules clearer and easier to understand.

Proposal Changes the Following Existing Rules: WAC 316-02-150, language revised to be consistent with model rules of procedure (WAC 10-08-110); WAC 316-02-810, makes the language clearer and easier to understand; WAC 316-02-820, adds fax number, e-mail address, web page address; WAC 316-65-515, replaces the reference to a specific publication issue date with the word "current," eliminating the need to update this rule continuously; and WAC 316-85-020, language added with the actual RCW section citation.

October 13, 2000

Kathy J. Marshall

Administrator

OTS-4444.2

AMENDATORY SECTION(Amending WSR 90-01-115, filed 12/20/89, effective 1/20/90)

WAC 316-02-150
Service of process -- Filing with commission.

(1) Papers intended to be filed with the commission shall be deemed filed upon actual receipt by the commission during its regular office hours at its Olympia office((: Provided, however, That such service shall be deemed to be incomplete if the party making the filing should subsequently fail, when requested to do so by the commission, to provide proof of service upon other parties required to be served)).

     ((Filing a copy of the paper(s), together with one of the following shall constitute proof of service:

     (1) An acknowledgement of service; or

     (2) A certificate that the person signing the certificate did on the date of the certificate serve the paper(s) upon all parties of record in the proceeding by:

     (a) Mailing a copy thereof, by restricted certified mail, return receipt requested, to each party to the proceeding or to his or her attorney or authorized agent; or

     (b) Delivery of a copy thereof in person.)) (2) The following conditions apply for filing papers by fax:

     (a) As used in this chapter, "fax" means electronic telefacsimile transmission.

     (b) Papers may be filed by fax with the commission office. Filing by fax is perfected when a complete legible copy of the papers is reproduced on the commission office's fax machine during normal working hours, excluding weekends and holidays. If a transmission of papers commences after these office hours, the papers shall be deemed filed on the next succeeding business day.

     (c) Any papers filed by fax with the commission office should be accompanied by a cover page or other form identifying the party making the transmission, listing the address, telephone, and fax number of the party, identifying the adjudicative proceeding to which the papers relate, and indicating the date of and the total number of pages included in the transmission.

     (d) Papers filed by fax should not exceed fifteen pages in length, exclusive of any cover page.

     (e) The party attempting to file the papers by fax bears the risk that the papers will not be timely received or legibly printed, regardless of the cause. If the fax is not received in legible form, it will be considered as if it had never been sent.

     (f) The original of any papers filed by fax must be mailed to the commission office within twenty-four hours of the time that the fax was sent.

     (3) Service of such shall be deemed to be incomplete if the party making the filing should subsequently fail, when requested to do so by the commission, to provide proof of service upon other parties required to be served.

     (4) Filing a copy of the paper(s), together with one of the following shall constitute proof of service upon other parties:

     (a) An acknowledgment of service; or

     (b) A certificate that the person signing the certificate did serve the paper(s) upon all parties of record in the proceeding by:

     (i) Mailing a copy thereof, by restricted certified mail, return receipt requested, to each party to the proceeding or to his or her attorney or authorized agent; or

     (ii) Delivery of a copy thereof in person.

[Statutory Authority: RCW 47.64.280.      90-01-115, § 316-02-150, filed 12/20/89, effective 1/20/90; 84-07-037 (Resolution No. 84-01), § 316-02-150, filed 3/20/84.]

The commission, in order to protect the privacy of individual employees and in order to respect the confidential nature of the mediation process and other labor-management relations processes, shall not permit the disclosure to any person of (1) any evidence filed as a showing of interest in support of a representation petition or motion for intervention, or (2) any notes and memoranda made by any member of the commission or its staff as a recording of communication made or received while acting in the capacity of a mediator between the parties to a labor dispute, or (3) any other documents or materials related to mediation other than scheduling information.

[Statutory Authority: RCW 47.64.280.      90-01-115, § 316-02-810, filed 12/20/89, effective 1/20/90; 84-07-037 (Resolution No. 84-01), § 316-02-810, filed 3/20/84.]

The commission maintains its office at Evergreen Plaza Building, 711 Capitol Way South, PO Box 40902, Olympia, Washington 98504-0902.      The telephone number is (360) 586-6354, the fax number is (360) 586-0820, the e-mail address is mec@olywa.net, and the internet address is http://www.marineempcom.org.

[Statutory Authority: RCW 47.64.280.      92-22-044, § 316-02-820, filed 10/27/92, effective 11/27/92; 90-01-115, § 316-02-820, filed 12/20/89, effective 1/20/90.      Statutory Authority: RCW 47.64.260 and chapter 47.64 RCW.      88-10-019 (Order 88-1), § 316-02-820, filed 4/29/88.      Statutory Authority: RCW 47.64.280.      84-07-037 (Resolution No. 84-01), § 316-02-820, filed 3/20/84.]

OTS-4445.1

AMENDATORY SECTION(Amending WSR 90-01-119, filed 12/20/89, effective 1/20/90)

WAC 316-65-515
Conduct of grievance arbitration proceedings.

(1) Prehearing conferences and hearings may be conducted by the commission or by a member of the commission assigned as arbitrator.      At any time, an arbitrator may be substituted for the arbitrator previously presiding.

     (2) The arbitrator shall conduct the arbitration proceedings in the manner provided in the collective bargaining agreement under which the dispute arises.      All such arbitrators shall maintain compliance with the current "Code of Professional Responsibility for Arbitrators of Labor-Management Disputes" adopted by the National Academy of Arbitrators, the American Arbitration Association, and the Federal Mediation and Conciliation Service ((in effect on December 1, 1977)): Provided, however, That arbitration matters processed under this chapter shall be filed in the public files of the commission and shall not be accorded the privacy required by such code: And provided further, That if any statute or commission rule conflicts with aforesaid "code," the statute or rule shall prevail.

     (3) The arbitrator shall have the authority:

     (a) To administer oaths and affirmations;

     (b) To issue subpoenas;

     (c) To rule on objections to evidence and offers of proof, receive relevant evidence and exclude irrelevant, immaterial or unduly repetitious evidence;

     (d) To question witnesses;

     (e) To regulate the time, place and course of the hearing;

     (f) To dispose of procedural requests or other similar matters;

     (g) To hold conferences for the settlement, simplification or adjustment of issues in accordance with WAC 316-02-210 and 316-02-220;

     (h) To make and issue an arbitration award on the matters in dispute, subject to the right of any party to petition for review of such award by the commission in accordance with WAC 316-65-550; and

     (j) To take any other action authorized by these rules.

     (4) Any party who proceeds with arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state its objection thereto in writing, shall be deemed to have waived its right to object.

[Statutory Authority: RCW 47.64.280 and 34.05.220.      90-01-119, § 316-65-515, filed 12/20/89, effective 1/20/90.      Statutory Authority: RCW 47.64.280.      84-07-037 (Resolution No. 84-01), § 316-65-515, filed 3/20/84.]

OTS-4446.2

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)

WAC 316-85-020
Fact-finding surveys -- Content -- Coverage.

In conducting its prebargaining survey, and publishing the findings, the commission shall make comparisons of wages, hours, employee benefits, and conditions of employment of Washington state ferry employees with those of public and private sector employees doing directly comparable but not necessarily identical work.      In making its comparisons between and among employers, the commission shall recognize the principle that the greater the degree of comparability between work requirements and conditions of employment, the greater will be the validity of comparisons of wages and employee benefits.      The commission shall give consideration to factors peculiar to the area and the classifications involved.

     In determining the scope of the survey and in selecting the ferry systems or other employers to be included in the survey, the commission shall consider the size, tonnage, and horsepower of the vessels operated by the Washington state ferry system and by the employers to be included in the survey.      The commission shall not include those classifications of employees exempted pursuant to RCW 41.06.079.

     Except as provided in the following subsection of this section, salary and employee benefit information collected from private employers that identifies a specific employer with the salary and employee benefit rates which that employer pays to its employees is not subject to public disclosure under chapter 42.17 RCW.

     A person or entity, having reason to believe that the salary survey results are inaccurate, may submit a petition to the state auditor requesting an audit of the data upon which the salary survey results are based. The state auditor shall review and analyze all data collected for the salary survey, including proprietary information, but is prohibited from disclosing the salary survey data to any other person or entity, except by court order.

[Statutory Authority: RCW 47.64.280.      90-06-046, § 316-85-020, filed 3/2/90, effective 4/2/90.]

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