Washington Administrative Code

(1) When an election or card check is to be conducted, the agency shall issue a notice to the employer, and the employer shall provide to the petitioned-for employees a copy of the notice of election or card check. The employer shall also post the notice in conspicuous places on …

Before the agency issues a notice of election and mails the ballots, an organization may disclaim a bargaining unit and have its name removed from the ballot by written notice filed and served as required by WAC 391-08-120. The organization filing a disclaimer may not seek to be …

(1) The executive director has discretion to conduct elections electronically, by mail, or on-site. The procedures for each means of election must be designed to preserve the secrecy of employee voting. Multiple questions, including unit determination elections, may be submitted …

(1) Any observer or the election officer may challenge, for good cause, the eligibility of any person seeking to cast a ballot in a mail ballot, on-site, or electronic election. No person may be denied the right to cast a challenged ballot, and the ballot of the challenged voter …

(1) Except as provided in subsection (2) of this section, representation elections must be decided by a majority of those voting.(a) If there are only two choices on the ballot, a tie vote results in a certification of no representative.(b) If there are only two choices on the ba…

The election officer shall prepare and issue a tally of the votes cast on unchallenged ballots and the number of challenged ballots. The tally must indicate whether the results of the election were conclusive or inconclusive. After the resolution of challenged ballots affecting t…

In any election in which there are three or more choices on the ballot, if none of the choices receives the number of votes necessary to determine the election, a run-off election must be held providing for selection between the two choices receiving the largest numbers of valid …

The due date for objections is seven days after the tally has been served under WAC 391-25-400 or 391-25-550, regardless of whether the number of challenged ballots would affect the results of the election. The time for filing objections cannot be extended.(1) Objections by the p…

If no objections are filed within the time set forth in WAC 391-25-590, if the number of challenged ballots does not affect the determination of the question concerning representation, and if no run-off election is to be held, the executive director shall issue a certification ha…

If objections allege improper conduct under WAC 391-25-590 (1)(a) or (2), other parties may be requested to respond to the objections within a period of time established by the agency. The period must be seven days or more.(1) If the objections and any responses indicate there is…

(1) The due date for any appeal brief which the party filing an objection desires to have considered by the commission is 14 days following the later of:(a) The issuance of a transcript of a hearing held under WAC 391-25-630(2); or(b) The filing of objections under WAC 391-25-590…

An order issued under WAC 391-25-290 or 391-25-510 and any rulings in the proceedings up to the issuance of the order, as well as rulings that the employer or employees are subject to the jurisdiction of the agency, may be appealed to the commission as follows:(1) The due date fo…

If there are objections under WAC 391-25-590 or an order is appealed under WAC 391-25-660, the entire record in the proceedings must be transmitted to the commission. The commission may request the parties to appear before it to make oral argument as to any or all of the issues i…

This chapter governs unit clarification 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 practi…

A unit clarification petition may only be filed by the employer, the exclusive representative, their agents, or by the parties jointly.[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, § 391-35-01…

timeliness of petition(1) A unit clarification petition may be filed at any time, with regard to:(a) Disputes about the appropriate bargaining unit placement for newly created positions;(b) Disputes under WAC 391-35-300 concerning a requirement for a professional education certif…

A unit clarification 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). If the petition is not filed jointly, the party filing the petition shall serve a copy on the…

Each completed unit clarification 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, including:(a) The name, email address, …

A petition may be amended or withdrawn by the petitioner(s) under any conditions the executive director or the commission may impose.[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, § 391-35-070,…

A party may file a petition to amend an existing certification to reflect a minor change in circumstances, such as a change of an employee organization's name or an employer's name, and the executive director may amend the certification if the amendment does not add or remove pos…

If it appears to the executive director or designee that a disagreement exists which could be the basis for issuing an order clarifying the bargaining unit(s), a notice of hearing will be issued and served on the parties. A notice of hearing may be amended or withdrawn before the…

(1) If a petition for clarification under this chapter is pending at the same time as a petition under chapter 391-25 WAC involving all or any part of the same bargaining unit, the proceedings under this chapter must be suspended, and all issues concerning the description of the …

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 are public, unless a protective order is issued under WAC 10-08-200(7), and are limited to matters concerning the clarification of the existing bargaining unit.(a) The parties are responsible for the presentation of their cases.(b) The hearing officer shall ascertain…

(1) The executive director may proceed upon the record, after submission of briefs or after hearing, as appropriate. The executive director shall determine the status of each position, classification, or group of employees at issue and issue an order clarifying the bargaining uni…

An order issued under WAC 391-35-190 and any rulings in the proceedings up to the issuance of the order may be appealed to the commission as follows:(1) The due date for a notice of appeal is 20 days following the date of issuance of the order being appealed. The time for filing …

If an order is appealed under WAC 391-35-210, the entire record in the proceedings must be transmitted to the commission. The commission may request the parties to appear before it to make oral argument as to any or all of the issues in the matter. The commission shall, on the ba…

Due to the separate impasse resolution procedures established for them, employees occupying positions eligible for interest arbitration may not be included in bargaining units with employees occupying positions that are not eligible for interest arbitration.[Statutory Authority: …

Confidential employees excluded from all collective bargaining rights are limited to:(1) Any person who participates directly on behalf of an employer in the formulation of labor relations policy, the preparation for or conduct of collective bargaining, or the administration of c…

A bargaining unit cannot be considered appropriate if it includes only one employee.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.56.060 and 41.59.080. WSR 01-14-009, § 391-35-330, filed 6/22/01, effective 8/1/01.]

(1) It is presumptively appropriate to exclude persons who exercise authority on behalf of the employer over subordinate employees (usually termed "supervisors") from bargaining units containing their rank-and-file subordinates to avoid a potential for conflicts of interest that …

(1) It shall be presumptively appropriate to include regular part-time employees in the same bargaining unit with full-time employees performing similar work, in order to avoid a potential for conflicting work jurisdiction claims which would otherwise exist in separate units. Emp…

(1) For employees covered by chapter 41.06 RCW who work less than full-time, it shall be presumptively appropriate to include those employees in the same bargaining unit with full-time employees performing similar work.(2) The presumption set forth in this section is intended to …

This chapter governs unfair labor practice 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 pra…

A complaint charging that an employer or employee organization has engaged in or is engaging in an unfair labor practice may be filed by any employee, employee organization, employer, or their agents.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060…

A complaint charging unfair labor practices 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 complaint shall serve a copy on each party named as a resp…

(1) Each completed unfair labor practice complaint filing form, whether obtained from the agency's website or through the agency's e-filing system, must include all of the following:(a) Information identifying the parties and their representatives (if known), including:(i) The na…

(1) A complaint may be amended upon motion made by the complainant if:(a) The proposed amendment only involves the same parties as the original complaint;(b) The proposed amendment is timely under any statutory limitation as to new facts;(c) The subject matter of the proposed ame…

(1) A complaint may be withdrawn by the complainant through an email to the examiner or by a written request filed as required by WAC 391-08-120 before issuance of a decision by an examiner.(2) A withdrawal "without prejudice" does not vary any statutory time limitation for filin…

The executive director, the executive director's designee, or an examiner shall determine whether the facts alleged in the complaint may constitute an unfair labor practice within the meaning of the applicable statute.(1) If the facts alleged do not, as a matter of law, constitut…

The executive director or designee shall assign an examiner to conduct further proceedings in the matter and shall notify the parties of that assignment. Upon notice to all parties, an examiner may be substituted for the examiner previously assigned.[Statutory Authority: RCW 28B.…

The notice of hearing will be issued and served on the parties. A copy of the cause of action statement issued under WAC 391-45-110 must be attached to the notice of hearing. A notice of hearing may be amended or withdrawn before the close of the hearing.[Statutory Authority: RCW…

An answer to a complaint charging unfair labor practices must be in writing. The respondent shall file and serve its answer as required by WAC 391-08-120.[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-…

(1) An answer filed by a respondent must specifically admit, deny, or explain each fact alleged in the portions of a complaint found to state a cause of action under WAC 391-45-110. A statement by a respondent that it is without knowledge of an alleged fact operates as a denial. …

The examiner may direct that the complaint be made more definite and detailed, upon motion of the respondent, if the examiner is satisfied that the complaint is so indefinite as to hamper the respondent in the preparation of its answer.(1) The respondent shall file its motion by …

A settlement mediation concerning substantive issues may be held under WAC 10-08-200(15).(1) A different case number is assigned, and all documents for the settlement mediation are kept in a case separate from the documents in the unfair labor practice proceedings.(2) An agency s…

(1) Hearings are public, unless a protective order is issued under WAC 10-08-200(7), and are limited to the portions of a complaint found to state a cause of action under WAC 391-45-110.(a) The complainant is responsible for the presentation of its case and has the burden of proo…