Washington Administrative Code

The agency shall maintain a panel of individuals qualified to serve in an impartial capacity in the resolution of labor disputes.(1) Applicants for membership on the dispute resolution panel shall demonstrate minimum background and experience equal to the minimum qualifications f…

(1) All referrals from the dispute resolution panel are made by random selection from among the panel members eligible for the type of proceeding involved, subject to the following:(a) If the parties do not specify the number of names requested, the agency will supply seven names…

The agency shall maintain a roster of nine to 18 individuals qualified to serve in an impartial capacity for disputes involving law enforcement personnel disciplinary actions that are submitted to binding grievance arbitration under an existing collective bargaining agreement.(1)…

Any arbitrator assigned or selected under this chapter for a dispute involving public employees shall, after sending the arbitration award to the parties, submit a copy to the executive director.[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.…

Whenever it appears to the commission that an applicant or member of the dispute resolution panel or law enforcement arbitrator roster has failed or refused to comply with applicable statutes, rules, and ethical standards, the application must be rejected or the member must be re…

Persons referred from the dispute resolution panel or law enforcement arbitrator roster shall be impartial. No active member of the dispute resolution panel or law enforcement arbitrator roster may serve in any capacity as an advocate or representative for either labor or managem…

Before accepting an appointment as an arbitrator from either the dispute resolution panel or the law enforcement arbitrator roster, or as soon as information giving rise to a problem of appearance of fairness becomes known, a person serving in an impartial capacity shall disclose…

This chapter governs proceedings before the public employment relations commission on disputes concerning the right of nonassociation under the union security provisions of certain chapters of the Revised Code of Washington (RCW) administered by the commission. The provisions of …

This chapter of the Washington Administrative Code is designed to regulate proceedings under a number of different chapters of the Revised Code of Washington. General rules are set forth in sections with numbers divisible by ten. Where a deviation from the general rule is require…

(1) With respect to union security obligations contained within a collective bargaining agreement negotiated under chapter 28B.52, 41.56, 41.59, 41.76, or 41.80 RCW, this commission's jurisdiction is limited to resolving disputes regarding an employee's right to assert nonassocia…

An employee who desires to assert a right of nonassociation based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member shall provide written notice of that claim to the exclusive bargaining representative.An employee assertin…

An employee who desires to assert a right of nonassociation based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member shall provide written notice of that claim to the exclusive bargaining representative.An employee assertin…

Within sixty days after it is served with written notice of a claimed right of nonassociation under WAC 391-95-030, the exclusive bargaining representative shall provide a written response to the employee, setting forth the position of the exclusive bargaining representative on t…

Within sixty days after it is served with written notice of a claimed right of nonassociation under WAC 391-95-036, the exclusive bargaining representative shall provide a written response to the employee, setting forth the position of the exclusive bargaining representative on t…

(1) Either the employee or the exclusive bargaining representative may file a petition to obtain a ruling from the commission if:(a) The exclusive bargaining representative disputes the eligibility of the employee to assert the right of nonassociation; or(b) The exclusive bargain…

(1) Either the employee or the exclusive bargaining representative may file a petition to obtain a ruling from the commission if:(a) The exclusive bargaining representative disputes the eligibility of the employee to assert the right of nonassociation; or(b) The exclusive bargain…

Each petition for a ruling on a nonassociation claim shall be in writing, and shall be filed at the commission's Olympia office as required by WAC 391-08-120(1). The party filing the petition shall serve a copy on the other party to the dispute and on the employer as required by …

Each petition for a ruling on a nonassociation claim shall contain, in separate numbered paragraphs:(1) Information identifying the parties and (if known) their representatives, including:(a) The name, address and telephone number of the employer, and the name, address, telephone…

Funds at issue in a nonassociation proceeding under this chapter shall be kept separate while the case remains pending before the commission. Upon being served with a copy of a petition filed under WAC 391-95-070 concerning employees asserting the right of nonassociation under RC…

Funds at issue in a nonassociation proceeding under this chapter shall be kept in escrow while the case remains pending before the commission.(1) Upon being served with a copy of a petition filed under WAC 391-95-076 concerning an employee asserting the right of nonassociation un…

The executive director or a designated staff member shall determine whether the facts alleged in the petition may constitute a basis for assertion of a right of nonassociation within the meaning of the applicable statute.(1) If the facts alleged do not, as a matter of law, consti…

The examiner shall issue a notice of hearing and have it served on the employee and the exclusive bargaining representative. Attached to the notice of hearing shall be a copy of the preliminary ruling issued under WAC 391-95-150. A notice of hearing may be amended or withdrawn be…

The executive director or a designated staff member shall assign an examiner to conduct further proceedings in the matter, and shall notify the parties of that assignment. The examiner may be a member of the agency staff or any other individual designated by the commission or exe…

Separate from any prehearing conference concerning procedural matters held by the examiner under WAC 10-08-130, a settlement conference concerning substantive issues may be held under WAC 10-08-200(15). (1) A separate case number shall be assigned, and all files and papers for th…

(1) Hearings shall be public and shall be limited to the portions of a petition found to state a cause of action under WAC 391-95-150.(2) The employee has the burden to make a factual showing, through testimony of witnesses and/or documentary evidence, of the legitimacy of his or…

(1)(a) A party seeking review by the commission of an interlocutory decision of the hearing examiner must file a motion for discretionary review with the commission and a copy with the executive director or his or her designee within seven days after the decision is issued.(b) Di…

The examiner may set aside, modify, change, or reverse any findings of fact, conclusions of law or order, if any mistake is discovered in the decision.(1) Action may be taken under this section on the examiner's own motion, or on a written motion filed and served by any party as …

An order issued under WAC 391-95-150(1) or 391-95-250 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 shall be twenty days following the date of issuance of the order being app…

If an order is appealed under WAC 391-95-270, the entire record in the proceedings shall be transmitted to the commission members. 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, …

(1) Where alternative payments in lieu of payments under a union security agreement have been agreed upon by the parties or ordered by the commission:(a) The employer shall release any funds (together with accumulated interest) held in escrow under WAC 391-95-130 to the designate…

The purpose of this chapter is to establish the definition of common terms used in Title 392 WAC and rules of construction applicable to Title 392 WAC.[Order 7-75, § 392-100-005, filed 12/22/75.]

As used in Title 392 WAC, the term:(1) "Superintendent of public instruction" shall mean the public officer duly elected to the office of superintendent of public instruction and any authorized subordinate or agent of such public officer unless the context limits application of t…

As used in Title 392 WAC, the abbreviation:(1) "SPI" means the superintendent of public instruction;(2) "SBE" means the state board of education;(3) "ESD" means an educational service district;(4) "DSHS" means the department of social and health services.[Statutory Authority: RCW…

As used in Title 392 WAC, the abbreviation:(1) "FTE" means full-time equivalent;(2) "LAP" means learning assistance program;(3) "VTI" means vocational-technical institute.[Statutory Authority: RCW 28A.03.030. WSR 90-11-027 (Order 90-07), § 392-100-060, filed 5/9/90, effective 6/9…

As used in Title 392 WAC, "low-income student" means a student whose parent(s) or guardian(s) have an annual income equal to or less than one hundred eighty-five percent of the Income Poverty Guidelines published by the United States Department of Health and Human Services in Fed…

For purposes of Title 392 WAC, a student's eligibility as a low-income student shall be documented by either:(1) A notice of eligibility presented by a parent or guardian of the student indicating that the student is approved for free or reduced priced meals or free milk for the …

School districts shall use information contained in the notice of eligibility or other such forms or statements only to determine low-income status or to compile the number of students that are low-income. School districts may not release information contained in a notice of elig…

The authority for this chapter is RCW 34.05.220 which authorizes the office of superintendent of public instruction to adopt rules governing the formal and informal procedures prescribed or authorized by chapter 34.05 RCW.[Statutory Authority: RCW 34.05.220 and 28A.225.230. WSR 2…

(1) Administrative practices before and pertaining to the office of superintendent of public instruction are governed by the state Administrative Procedure Act, chapter 34.05 RCW, the Washington State Register Act, chapter 34.08 RCW, and the state office of Administrative Hearing…

The office of superintendent of public instruction hereby assigns the following administrative hearings to the office of administrative hearings and hereby delegates to the administrative law judge conducting any such hearing the authority to render the final decision by the supe…

A determination of indigency shall be made for all persons wishing the provision of a free transcript of proceedings pursuant to the following standards:(1) Any person receiving one or more of the following types of public assistance programs:(a) Temporary assistance for needy fa…

The purpose of this chapter is to implement the requirements of the Public Records Act, chapter 42.56 RCW. The superintendent of public instruction adopts these rules to provide the fullest assistance to requestors and full access to the agency's public records while protecting t…

(1) The office of superintendent of public instruction is an agency headed by the superintendent of public instruction, a constitutional officer of the state charged with supervision over all matters pertaining to public schools. The powers and duties of the superintendent and th…

(1) "Agency" means the office of superintendent of public instruction.(2) "Public record" and "writing" shall have the meanings as stated in RCW 42.56.010.(3) "Public records officer" means the employee designated by the superintendent under RCW 42.56.580(1) responsible for overs…

(1) Making a request for public records.(a) Any person wishing to inspect or copy public records of the agency must make the request in writing on the agency's request form or through an online portal, or by letter, or email addressed to the public records officer at the email ad…

In order to adequately protect the agency's public records, requestors must comply with the following guidelines while inspecting public records:(1) Requestors may not remove any public record from the agency's premises.(2) Requestors must have a designated agency employee presen…

(1) Inspection. The agency does not charge a fee for the inspection of public records, either in person or on the agency's website.(2) Statutory default costs. Pursuant to RCW 42.56.120(2), the agency declares for the following reasons that it would be unduly burdensome to calcul…