WSR 08-11-125




[ Filed May 21, 2008, 10:56 a.m. , effective June 21, 2008 ]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The proposed amendment to WAC 391-25-396 and the proposed repeal of WAC 391-25-397 corrects a typographical error. The agency intended the existing language in WAC 391-25-397 to amend and replace the existing language contained within WAC 391-25-396. This amendment merely corrects that typographical error, and does not change any of the rights, or language, contained within the recently adopted WAC 391-25-397.

The agency had originally proposed to repeal the existing language in WAC 391-55-071. However, stakeholders pointed out that a legislative change to RCW 41.56.473 necessitated the proposed amendment to the existing language in WAC 391-55-071, rather than a repeal of the rule. This amendment reflects an agreed upon change to the language in the rule.

Citation of Existing Rules Affected by this Order: Repealing WAC 391-25-397; amending WAC 391-55-071.

Statutory Authority for Adoption: For WAC 391-25-396 is RCW 41.58.05 [41.58.050], 41.80.080; and for WAC 391-55-071 is RCW 41.58.050, 41.56.090.

Adopted under notice filed as WSR 08-07-074 on March 18, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 21, 2008.

Dario de la Rosa

General Counsel


AMENDATORY SECTION(Amending WSR 03-03-064, filed 1/14/03, effective 2/14/03)

WAC 391-25-396   Special provision -- State civil service employees.   ((WAC 391-25-391 and the practices and precedents applicable under chapter 41.56 RCW shall also be applicable to state civil service employees.)) (1) In addition to the cross-check of records permitted by WAC 391-25-391 and the procedures under WAC 391-25-410, where only one organization is seeking certification as the representative of unrepresented employees covered by chapters 41.06 and 41.80 RCW, the executive director may issue a direction of cross-check utilizing the procedures outlined in WAC 391-25-410 if the showing of interest submitted in support of the petition indicates that the petitioning organization has been authorized by a majority of the employees to act as their representative for the purposes of collective bargaining, provided:

The authorization cards submitted in support of a petition under this section must, at a minimum, contain the following:

(a) The employee's name typed or printed legibly, the employee's signature, and the date of the employee's signature;

(b) A statement that the employee designates the named labor organization as the employee's exclusive bargaining representative for purposes of collective bargaining;

(c) A statement that the showing of interest may be used for purposes of a cross-check election under this rule;

(d) A statement that the employee understands that the employee's signature on the card may be used to obtain certification of the named labor organization as the exclusive bargaining representative of the employee without a secret ballot election; and

(e) A statement that the employee has the right to ask the agency to revoke the employee's authorization card for purposes of cross-check of records. The agency shall notify the petitioner of the existence and number of any such revocation(s) prior to the commencement of the cross-check, but shall not disclose the identities of the employees involved.

(2) An authorization card that fails to comply with subsection (1) of this section shall be invalid for purposes of initiating a cross-check of records under this rule.

(3) A direction of cross-check and other rulings in the proceedings up to the issuance of a tally are interim orders, and may only be appealed to the commission by objections under WAC 391-25-590 after the cross-check. An exception is made for rulings on whether the employer or employees are subject to the jurisdiction of the commission, which may be appealed under WAC 391-25-660.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060. 03-03-064, 391-25-396, filed 1/14/03, effective 2/14/03.]


     The following section of the Washington Administrative Code is repealed:
WAC 391-25-397 Special provision -- State employees.


AMENDATORY SECTION(Amending WSR 99-14-060, filed 7/1/99, effective 8/1/99)

WAC 391-55-071   Special provision -- State patrol personnel.   In the case of mediation involving officers of the Washington state patrol appointed under RCW 43.43.020, the mediator shall not consider ((rates of pay or wage levels and)) any matters relating to retirement benefits or health care benefits or other employee insurance benefits.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110 and 41.58.050. 99-14-060, 391-55-071, filed 7/1/99, effective 8/1/99. Statutory Authority: RCW 28B.52.080, 41.58.050, 41.56.090 and 41.59.110. 88-12-055 (Order 88-08), 391-55-071, filed 5/31/88.]

Washington State Code Reviser's Office