WSR 07-15-023

EMERGENCY RULES

PUBLIC EMPLOYMENT

RELATIONS COMMISSION

[ Filed July 12, 2007, 8:25 a.m. , effective July 23, 2007 ]


Effective Date of Rule: July 23, 2007.

Purpose: It is necessary to adopt a rule to clarify that certain procedures and requirements within chapter 391-25 WAC are inapplicable to representation elections conducted under the authority of chapter 184, Laws of 2007 (providing collective bargaining rights for adult family home providers).

Statutory Authority for Adoption: RCW 41.56.090, 41.58.050.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Chapter 184, Laws of 2007, becomes effective on July 22, 2007. In order to prevent delay, the processing of a representation petition filed under this law without delay, an emergency rule is necessary.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 10, 2007.

Kenneth J. Latsch

Operations Manager


NEW SECTION
WAC 391-25-072   Special provision -- Adult family home providers.   This emergency rule consolidates special procedures applicable to adult family home providers under chapter 184, laws of 2007, which became effective July 23, 2007. Chapter 184, law of 2007 extended the coverage of chapter 41.56 RCW to any "adult family home provider" defined as a provider as defined in RCW 70.128.010 who receives payments from the medicaid and state-funded long-term care programs.

(1) The posting of notice requirement in WAC 391-25-140 is inapplicable to the bargaining unit affected by chapter 184, laws of 2007.

(2) The description of bargaining unit requirement of WAC 391-25-190 is limited to a single, statewide unit of adult family home providers under the chapter 184, laws of 2007.

(3) The description of bargaining unit requirement of WAC 391-25-210(2) is limited to a single, statewide unit of adult family home providers under the chapter 184, laws of 2007.

(4) The provisions of WAC 391-25-210(3) relating to alternative units or mergers of units are inapplicable to the bargaining unit affected by chapter 184, laws of 2007.

(5) The posting requirement in WAC 391-25-220(2), relating to investigation statements, is inapplicable to the bargaining unit affected by chapter 184, laws of 2007.

(6) The posting requirement in WAC 391-25-230(2), relating to election agreements, is inapplicable to the bargaining unit affected by chapter 184, laws of 2007.

(7) The cross-check procedures in WAC 391-25-250, 391-25-391, and 391-25-410 are inapplicable to the bargaining unit affected by chapter 184, laws of 2007.

(8) The unit determination election procedures in WAC 391-25-420 are inapplicable to the bargaining unit affected by chapter 184, laws of 2007.

(9) The requirements of WAC 391-25-430, relating to posting of election notices on the employer's premises, is inapplicable to the bargaining unit affected by chapter 184, laws of 2007.

(10) Any representation election for the bargaining unit affected by chapter 184, laws of 2007 shall be conducted by mail ballot under WAC 391-25-470, with the following modifications:

(a) Together with the procedures for casting ballots, the notice supplied to adult family home providers may describe the collective bargaining rights established by chapter 184, laws of 2007 and agreements reached by the parties to the proceedings concerning the election process;

(b) The notice and ballot materials supplied to all adult family home providers shall be set forth in English and any other language the agency deems reasonably necessary to conduct a fair election;

(c) The notice and ballot materials supplied to adult family home providers shall include a card return-addressed to the agency by which eligible voters can individually request ballot materials in languages other than those received. Upon receipt of such a request card, the agency shall promptly supply notice and ballot materials to the eligible voter in the requested language.

(d) At least twenty-one days shall be provided between the date on which ballot materials are mailed to adult family home providers and the deadline for return of cast ballots to the agency.

(e) The executive director shall have discretion to vary tally arrangements and procedures from those customarily used, because of the large size of the bargaining unit involved, so long as the principles of secret balloting are preserved.

(f) The reference in WAC 391-25-470 to WAC 391-25-140 shall be interpreted in light of subsection (1) of this section.

(11) The procedure for on-site elections in WAC 391-25-490 is inapplicable to the bargaining unit affected by chapter 184, laws of 2007.

Explanation: This rule is patterned after WAC 391-25-051 and WAC 391-25-071, which are the special rules adopted by the Commission for representation elections involving individual providers under the Home Care Quality Authority (HCQA) and Family Child Care Act. In both the HCQA and FCCA situations: (1) a state-wide unit were required; (2) the number of eligible voters is very large; (3) the eligible voters are employed in private residences, so required posting of notices on employer premises cannot be enforced; and (4) multiple languages may be needed for ballot materials. A similar rule is necessary to conduct an election under chapter 184, laws of 2007.

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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.

Washington State Code Reviser's Office