Washington Administrative Code

A former member of the commission, former employee of the agency, or former member of the attorney general's staff assigned to represent the agency may not, at any time after severing employment with the agency or with the attorney general, appear in a representative capacity on …

Except upon the express written consent of the agency, a former member of the commission, former employee of the agency, or former member of the attorney general's staff assigned to represent the agency may not, at any time after severing employment with the agency or with the at…

In computing any period of time prescribed or allowed by any applicable statute or rule, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period so computed is included, unless it is a Saturday, Sun…

(1) The agency will post on its website at www.perc.wa.gov information for filing using the agency's e-filing system, the email address for filing by email, the mailing address for filing by mail, and the street address for filing by personal delivery.(2) Documents may be filed w…

Unless controlled by WAC 391-08-180, 391-25-170, 391-25-190, 391-45-070, 391-45-210, or 391-45-250, all prehearing motions must be made in writing and filed and served on all parties of record in accordance with WAC 391-08-120.(1) When a hearing date(s) has not been established, …

(1) Postponements, continuances, extensions of time, and adjournments may be ordered on the presiding officer's own motion or may be granted on the timely request of any party, with notice to all other parties, if the party shows good cause.(2) A request for a continuance may be …

Under the authority delegated to the agency by RCW 34.05.446(2), prehearing discovery is not available in proceedings before the agency.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080, 47.64.135, and 49.39.060. WSR 22-23-101, § 391-08-3…

The power of subpoena is limited to compelling the testimony of witnesses and production of documents or other tangible evidence at hearings conducted by the agency.(1) Every subpoena must:(a) State the name of the agency as state of Washington, public employment relations commis…

(1) For all adjudicative proceedings under the Administrative Procedure Act (cases under chapters 391-25, 391-35, and 391-45 WAC), the provisions of WAC 10-08-150 apply.(2) For all cases that are not adjudicative proceedings under the Administrative Procedure Act (cases under cha…

Any person may petition the commission for a declaratory order under RCW 34.05.240 with respect to the applicability to specified circumstances of a rule, order, or statute enforceable by the agency. For purposes of this section, the term person includes natural persons, employee…

Every final order issued by the agency must be served on each party or upon the agency designated by the party or by law to receive service of documents; and a copy must be furnished to any counsel or person appearing for a party in a representative capacity.[Statutory Authority:…

(1) The commission will only consider amicus briefs filed in conformity with this subsection.(a) The person or organization desiring to file an amicus brief must:(i) Obtain a copy of the decision on appeal, the notice of appeal, and the briefs of the parties;(ii) Limit any amicus…

The agency maintains a case docketing and numbering system that tracks and manages all requests for dispute resolution services.(1) Each case is assigned an alphanumeric identifier that includes a unique sequential number, an alphabetic letter signifying the type of dispute being…

(1) Each decision issued by the agency in an adjudicative proceeding under the Administrative Procedure Act is assigned a unique number consisting of three or four components, as follows:(a) The first component is a number and indicates the sequential number of adjudicative proce…

This chapter governs public records requests submitted to the agency and establishes its procedures to provide full access to its public records under the Public Records Act, chapter 42.56 RCW.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80…

(1) Any person wishing to request access to public records of the agency or seeking assistance in making that request should contact the agency's public records officer:Public Records OfficerPublic Employment Relations CommissionP.O. Box 40919Olympia, Washington 98504-0919 360-57…

The agency shall preserve the confidentiality of certain records, as follows:(1) To protect the privacy of individual employees, the agency shall not disclose evidence furnished as a showing of interest in support of a representation petition or motion for intervention.(2) To res…

(1) The agency maintains its principal office in Olympia, Washington.(a) The street address of the Olympia office is:112 Henry Street N.E., Suite 300Olympia, Washington 98506-4470.(b) The mailing address of the Olympia office is:P.O. Box 40919Olympia, Washington 98504-0919.(2) Th…

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the agency's Olympia office.(2) Organization of records…

(1) Providing "fullest assistance." The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.(a) Upon receipt of a request, the agency will assign it a tracking number and enter it into a log…

(1) Requesting electronic records. The process for requesting electronic public records is the same as for requesting paper public records.(2) Providing electronic records. When a requestor requests electronic records in an electronic format, the public records officer will provi…

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any other statute exempts or prohibits disclosure.(2) The agency is prohibited by statute from disclosing li…

(1) Inspection. There is no fee for inspecting public records, including records on the agency website at www.perc.wa.gov.(2) Costs. A requestor may obtain standard copies for 15 cents per page.(3) Processing payments. Before beginning to make the copies or processing a customize…

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing to the public records officer for a review of that decision. The petition must include a copy of or rea…

This chapter governs representation proceedings under all chapters of the Revised Code of Washington (RCW) administered by the agency. To the extent these rules of practice and procedure differ from the model rules in chapter 10-08 WAC or this agency's general rules of practice a…

A representation petition may be filed by any employee, group of employees, employee organization, employer, or their agents.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080, 47.64.135, and 49.39.060. WSR 22-23-101, § 391-25-010, filed 1…

(1) A petition may be filed at any time during which no "contract bar" or "certification bar" exists.(2)(a) If a valid collective bargaining agreement is in effect, it operates as a "contract bar" to a petition, and a representation petition may only be filed during the statutory…

A representation petition may be filed through the agency's online e-filing system, by email, or in writing to the agency's Olympia office, as required by WAC 391-08-120 (1) and (2). The party filing the petition shall serve a copy of the petition (excluding any showing of intere…

Each completed representation petition filing form, whether obtained from the agency's website or through the agency's e-filing system, must include all of the following:(1) Information identifying the parties and their representatives (if known), including:(a) The name, email ad…

(1) Where only one employee organization seeks to add an employee or group of previously unrepresented employees to an appropriate bargaining unit that it already represents, the organization may petition for a self-determination election to ascertain the employees' desire to be …

(1) If an employer has been presented with one or more demands for recognition of an exclusive bargaining representative of previously unrepresented employees, it may obtain a determination of the question concerning representation by filing a petition under WAC 391-25-070. The e…

(1) WAC 391-25-090 is inapplicable to bargaining units of state civil service employees.(2) Where an employer claims that an employee organization previously certified as the exclusive bargaining representative of state civil service employees has become defunct or has abandoned …

A petition filed by employees or an employee organization must be accompanied by a showing of interest indicating that the petitioner has the support of at least 30 percent of the employees in the bargaining unit which the petitioner claims to be appropriate. The language on the …

(1) Unless otherwise specified by the executive director or designee, the employer shall submit to the agency and the petitioner a list containing the names and last known addresses of all of the employees in the bargaining unit described in the petition within 10 days following …

(1)(a) The employer shall provide to the petitioned-for employees a copy of the petition and a notice created by the agency to inform employees of the existence of proceedings under this chapter. The employer shall also post the notice in conspicuous places on its premises where …

A petition may be amended or withdrawn by the petitioner at any time before the issuance of a notice of election and the mailing of the ballots or under any conditions the executive director or the commission may impose.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, …

An organization which demonstrates that it has been the exclusive representative of all or any part of the bargaining unit involved in proceedings under this chapter during the year preceding the filing of the petition must automatically be allowed to intervene in the proceedings…

(1) An organization not covered by WAC 391-25-170 may, by motion, intervene in proceedings under this chapter if:(a) The motion for intervention is supported by a showing of interest indicating that the intervenor has the support of at least 10 percent of the employees in the bar…

(1) A party to proceedings under this chapter may not propose more than one bargaining unit configuration for the same employee(s).(2) If new organizing petitions filed by two or more organizations are pending at the same time and involve any or all of the same employees, the fol…

(1) A petition to "decertify" under WAC 391-25-070 (6)(c) or 391-25-090(2) may not alter the existing bargaining unit configuration during the representation proceeding;(2) If an organization files a motion for intervention under WAC 391-25-190 in a decertification proceeding, th…

(1) If a representation petition is properly supported under WAC 391-25-110, an investigation conference may be held to determine:(a) The jurisdiction of the agency;(b) The qualification of the petitioner and any intervenor(s) for certification as exclusive bargaining representat…

Where the matters at issue in a proceeding under this chapter are limited to the eligibility of particular individuals or classifications for inclusion in the bargaining unit, the executive director or designee may expedite the proceedings while reserving the eligibility issues f…

If it appears to the executive director or designee that a question concerning representation may exist, a notice of hearing will be issued and served on the parties. A notice of hearing may be amended or withdrawn before the close of the hearing.[Statutory Authority: RCW 28B.52.…

Except for symphony musicians who exercise collective bargaining rights under chapter 49.39 RCW, the agency lacks authority to proceed in representation disputes under chapter 49.08 RCW absent the agreement of all parties.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050…

Hearings may be conducted by the commission, the executive director, or a member of the agency staff. At any time, a hearing officer may be substituted for the hearing officer previously assigned.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41…

(1) Hearings directed under WAC 391-25-390 are public, unless a protective order is issued under WAC 10-08-200(7), and are limited to matters concerning the determination of a question concerning representation.(a) The parties are responsible for the presentation of their cases.(…

(1) The executive director may suspend the processing of a representation petition under this chapter pending the outcome of related unfair labor practice proceedings if:(a) A complaint charging unfair labor practices is filed under the provisions of chapter 391-45 WAC;(b) It app…