WSR 07-21-003




[ Filed October 4, 2007, 8:52 a.m. ]

Continuance of WSR 07-17-070.

Preproposal statement of inquiry was filed as WSR 07-13-039.

Title of Rule and Other Identifying Information: Amendments to chapters 391-08, 391-25, 391-35, 391-45, 391-55, 391-65, and 391-95 WAC.

Hearing Location(s): Spokane Academic Center Building, Room 501, Washington State University, Spokane, Washington Campus, on November 2, 2007, at 10:00. Please visit for more information.

Date of Intended Adoption: December 11, 2007.

Submit Written Comments to: Kenneth J. Latsch, Rules Coordinator, P.O. Box 40919, Olympia, WA 98504, e-mail, fax (360) 570-7334, by October 26, 2007.

Assistance for Persons with Disabilities: Contact Jim Lohr by October 20, 2007, (360) 570-7310.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To streamline agency practices and procedures, including updating rules to reflect administrative changes in agency functions, update certain rules adopted under the Personnel System Reform Act of 2002 to reflect a greater integration into standard agency practice, repeal certain rules adopted under the Personnel System Reform Act of 2002 that are no longer necessary, and amending certain rules to recommendations by clientele and agency staff to make certain changes in agency practice and procedure. Examples of housekeeping amendments and changes to chapter 391-08 WAC and all areas of practice and procedure, include adopting rules pertaining to public records requests and placing a page limit upon briefs filed with the agency during proceedings under the Administrative Procedure Act, and clarifying when a decision is ripe for appeal before the full commission. Housekeeping amendments and changes in representation rules, chapter 391-25 WAC, include changes to lifespan of showing of interest cards, changes regarding an employer's obligation to maintain the status quo during the pendency of a representation election, and clarifying the cut-off date for employee eligibility to vote in representation elections. Housekeeping amendments and changes in unit clarification rules, chapter 391-35 WAC, include bargaining unit configurations under chapter 184, Laws of 2007, and RCW 41.56.060(2). Housekeeping amendments and changes in unfair labor practice rules, chapter 391-45 WAC, include clarifying the preliminary ruling process and adopting settlements conference rules. Housekeeping rules to impasse resolution rules, chapter 391-55 WAC, include clarifying that the code of professional conduct for labor mediators applies to agency mediators, clarification of interest arbitration processes, and clarifying that the fact-finding rules apply to state civil service employees under chapter 41.80 RCW. Housekeeping amendments and changes to grievance arbitration rules, chapter 391-65 WAC, including a clarification that the agency does not pay for expenses. Housekeeping amendments and changes to union security dispute rules, chapter 391-95 WAC, include clarifying union's obligation under chapter 41.80 RCW.

Reasons Supporting Proposal: In late 2005, commission staff convened a focus group to examine agency processes and procedures. This group included representatives from both labor and management. The focus group examined all of the commission's rules, and is forwarding the following recommendation for rule amendments to the commission for adoption.

Name of Agency Personnel Responsible for Drafting: Dario de la Rosa, 112 Henry Street, Suite 300, Olympia, WA 98504, (360) 570-7328; Implementation and Enforcement; Kenneth J. Latsch, 112 Henry Street, Suite 300, Olympia, WA 98504, (360) 570-7320.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Agency rules only obligate public employers, public employees, and unions representing public employees, and do not impose costs on profit-making businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Agency rules are excepted by RCW 34.05.328 (5)(a)(i).

October 4, 2007

Dario de la Rosa

General Counsel

Washington State Code Reviser's Office