Purpose: This proposal outlines an informal arbitration process that interested parties may use to resolve disputes regarding the appropriate use of jail inmate labor. Legislation directs the board to establish this process, however, the legislation does not grant the board statutory enforcement powers. All participation is voluntary, and the goal of the process is to reach voluntary, mutually satisfactory agreements. Recommendations do not have the force of law.
Statutory Authority for Adoption: RCW 36.110.060.
Adopted under notice filed as WSR 04-14-019 on June 28, 2004.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 0, Repealed 0.
Date Adopted: September 7, 2004.
Jail Industries Board Arbitration Process
(2) Three board members will be selected by the jail industries board chair to conduct an informal hearing and gather as much information as possible, reminding each party that all decisions and opinions are voluntary and have no actual legal standing. The jail industries board's executive director will act as record keeper and facilitator.
(3) The board will attempt to reconcile the issues as presented. This may be done by offering suggestions, asking others for their opinions, or pointing out to each party how a negotiated arrangement may look. The goal of the process is to reach a voluntary agreement.
(4) For the record, the executive director of the jail industries board will keep on file the information used by both parties and the outcome of the arbitration process. The board will use this information to assist with future arbitration issues.
(5) If a voluntary agreement cannot be reached, the board will advise both parties of next step options they may take.