Washington Administrative Code

An order issued under WAC 391-45-110(1) or 391-45-310 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…

If an order is appealed under WAC 391-45-350, 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…

(1) After issuance of a remedial order or entry of a court judgment enforcing an order, an agency compliance officer will work with the parties to facilitate compliance with the terms of the order.(2) The compliance officer will regularly report to the executive director on the p…

If an unfair labor practice is found to have been committed, the commission or an examiner shall issue a remedial order. In calculating back pay orders, the following applies:(1) Individuals reinstated to employment with back pay must have deducted from any amount due an amount e…

In addition to the remedies available under WAC 391-45-410, a complainant in an unfair labor practice proceeding may make a motion requesting that the commission seek appropriate temporary relief through the superior court. All such motions must be processed as provided in this s…

It is the policy of the agency to promote collective bargaining negotiations between employers and the exclusive representatives of their employees. Parties are encouraged to engage in free and open exchange of proposals and positions on all matters coming into the dispute betwee…

This chapter governs proceedings relating to the resolution of impasses occurring in collective bargaining 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 cha…

A request for contract mediation 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 request is not filed jointly, the party filing the request shall serve a copy on th…

A request for appointment of a grievance mediator 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 request is not filed jointly, the party filing the request shall s…

(1) Upon submission of a request under WAC 391-55-010 or 391-55-020, a member of the agency staff will be assigned as mediator at the discretion of the executive director. If the parties have stipulated to the names of one or more persons who are acceptable to both parties as med…

Upon submission of a unilateral request for mediation, the executive director shall consider the position of the other party and evaluate whether the parties have exchanged and considered one another's proposals and whether the intervention of the agency will have a beneficial im…

Parties requesting the agency's mediation services are encouraged to submit to the assigned mediator, in advance of scheduled meetings, copies of their latest written proposals on each issue in dispute as well as any written material supporting the identified proposals.[Statutory…

The mediator may meet with the parties or their representatives, or both, either jointly or separately, and may take any steps that the mediator deems appropriate to assist the parties in voluntarily resolving their differences and effecting an agreement. All persons providing me…

Mediation meetings are not open to the public. Confidential information acquired by a mediator must not be disclosed to others outside of the mediation process for any purpose, and a mediator may not give testimony about the mediation in any legal or administrative proceeding.[St…

(1) If a dispute involving a bargaining unit eligible for interest arbitration under RCW 41.56.028, 41.56.029, 41.56.030 (14), 41.56.475, 41.56.492, 41.56.496, 41.56.510, 41.56.516, 41.80.200, 41.80.310, 47.64.300, or 74.39A.270 (2)(c) has not been settled after a reasonable peri…

For a dispute involving a bargaining unit eligible for interest arbitration under RCW 41.56.030(14), 41.56.492, or 41.56.496 and within seven days following the issuance of a certification of issues for interest arbitration under WAC 391-55-200, each party shall name one person w…

(1) For a dispute involving a bargaining unit eligible for interest arbitration under RCW 41.56.030(14), 41.56.492, or 41.56.496, if the parties agree on the selection of a neutral chairperson, they shall obtain a commitment from that person to serve and shall notify the executiv…

(1) Preceding the commencement of negotiations for bargaining units eligible for interest arbitration under RCW 41.56.028, 41.56.029, 41.56.475, 41.56.510, 41.56.516, 41.80.200, 41.80.310, 47.64.300, or 74.39A.270 (2)(c), but no later than February 1st of each even-numbered year,…

Proceedings must be conducted as provided in WAC 391-55-200 through 391-55-255. The neutral chairperson shall interpret and apply all rules relating to the powers and duties of the neutral chairperson. Any party who proceeds with arbitration after knowledge that any provision or …

At least 14 days before the date of the hearing, or no later than the next business day after the issuance of the certification if the date between certification and hearing is less than 14 days, each party shall submit to the members of the panel and to the other party written p…

(1) The neutral chairperson may, upon the chairperson's own motion or upon request of a party, convene a prehearing conference.(a) The purpose of a prehearing conference is to consider any one or more of the following:(i) Simplification of issues;(ii) The possibility of obtaining…

The order of presentation at the hearing must be as agreed by the parties or as determined by the neutral chairperson. The neutral chairperson is the judge of the relevancy of the evidence. All evidence must be taken in the presence of all parties, unless a party is absent in def…

The neutral chairperson may proceed in the absence of any party who, after due notice, fails to be present or fails to obtain an adjournment. Findings of fact and the determination of the issues in dispute may not be made solely on the default of a party, and the neutral chairper…

The neutral chairperson will declare the hearing closed after the parties have completed presenting any testimony or exhibits and submission of briefs or closing arguments within the time limits as mutually agreed upon.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 4…

The rulings and determination of the neutral chairperson are controlling and do not require concurrence but may be accompanied by any concurring or dissenting opinions of the partisan arbitrators. The rulings and determinations are not subject to appeal to the commission, but the…

Each party shall pay the expenses of presenting its own case and the expenses and fees of its arbitration panel member, if any. The expenses of witnesses must be paid by the party producing them. The fees and traveling expenses of a neutral chairperson appointed under WAC 391-55-…

(1) The executive director shall suspend the certification of some or all issues under WAC 391-55-200, as follows:(a) A party which claims that a proposal being advanced to interest arbitration is not a mandatory subject of collective bargaining must communicate its concerns to t…

If a dispute has not been settled after bilateral negotiations and mediation, fact-finding may be initiated. A party may request the appointment of a fact finder by giving written notice to the agency, the mediator, and the opposite party.(1) For disputes involving educational em…

WAC 391-55-310 through 391-55-355 are not applicable to negotiations between educational employees and employers conducted under RCW 28A.657.050.[Statutory Authority: RCW 28A.657.050, 41.56.090, 41.58.050, and 41.59.110. WSR 10-20-172, § 391-55-302, filed 10/6/10, effective 11/6/…

(1) Upon the submission of a timely request for fact-finding, the parties shall meet within seven days to attempt to select a fact finder.(a) The parties may agree to designate the mediator as fact finder.(b) If the parties agree on a fact finder, they shall obtain a commitment t…

Proceedings must be conducted as provided in WAC 391-55-300 through 391-55-355. The fact finder shall interpret and apply all rules relating to the powers and duties of the fact finder. Any party that proceeds with fact-finding after knowledge that any provision or requirement of…

At least seven days before the date of the fact-finding hearing, each party shall submit to the fact finder and to the other party written proposals on all of the issues it intends to submit to fact-finding. Parties are not entitled to submit issues that were not among the issues…

The fact finder may, upon the fact finder's own motion or upon request of a party, convene a prehearing conference.(1) The purpose of a prehearing conference is to consider any one or more of the following:(a) Simplification of issues;(b) Identification of evidence or supporting …

The fact finder shall establish a date, time, and place for a hearing. The fact-finding hearing is open to the public unless otherwise agreed by the parties. For good cause shown, the fact finder may adjourn the hearing upon the request of a party or upon the fact finder's own in…

The order of presentation at the fact-finding hearing must be as agreed by the parties or as determined by the fact finder. The fact finder is the judge of the relevancy of the evidence. All evidence must be taken in the presence of all parties, unless a party is absent in defaul…

The fact finder may proceed in the absence of any party that, after due notice, fails to be present or fails to obtain an adjournment. Fact finders shall treat any subject on which one party has taken a position that it is not a mandatory subject for bargaining in accordance with…

The fact finder will declare the hearing closed after the parties have completed presenting any testimony or exhibits and submission of briefs or closing arguments within the time limits as mutually agreed upon.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110…

Within 30 days after appointment, the fact finder shall provide the parties and the executive director with written findings of fact and recommendations. The findings and recommendations of the fact finder are not subject to appeal to the commission. Fact finders may rule only on…

The parties are entitled to consider the fact finder's recommendations privately before they are made public.(1) For cases under chapter 41.59 RCW, within five days after the findings of fact and recommendations have been issued, the parties shall notify the agency and each other…

Each party shall pay the expenses of presenting its own case. The expenses of witnesses must be paid by the party producing them. The fees and expenses of a fact finder must be paid as follows:(1) A fact finder appointed by the agency from the agency staff under WAC 391-55-310 (2…

For bargaining units eligible for interest arbitration under RCW 41.56.028, 41.56.029, 41.56.030(14), 41.56.475, 41.56.492, 41.56.496, 41.56.510, 41.56.516, 41.80.200, 41.80.310, 47.64.300, or 74.39A.270 (2)(c), during negotiations for a successor agreement if a dispute arises co…

This chapter governs proceedings relating to arbitration of grievance disputes arising out of the interpretation or application of a collective bargaining agreement under all chapters of the Revised Code of Washington (RCW) administered by the agency. To the extent these rules of…

If the parties agree to arbitrate, a request for appointment of an arbitrator to hear and determine issues arising out of the interpretation or application of a collective bargaining agreement may be filed by the employer, the exclusive representative, their agents, or by the par…

A request for appointment of a grievance arbitrator 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 request is not filed jointly, the party filing the request shall…

Each completed grievance arbitrator request 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 to the dispute, including:(a) The name, email address, mailing ad…

Upon concurrence of the parties or upon the submission of a joint request, a member of the agency staff will be assigned as grievance arbitrator. The parties are not permitted to select a grievance arbitrator from a list of agency staff members or to exercise a right of rejection…

Upon the request of a party, the agency shall provide a list of arbitrators from the dispute resolution panel in accordance with WAC 391-75-020(1). The parties must select an arbitrator under the procedures specified in WAC 391-75-020(2).[Statutory Authority: RCW 28B.52.080, 41.5…