reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-010 - Unit clarification petition-Who may file

Current through Register Vol. 24-14, July 15, 2024
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,
				  41.59.110,
				  41.58.050,
				  34.05.413,
				  41.56.060 and
				  41.59.080. 96-07-105, §
										391-35-010, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59,
				  49.08 and 53.18 RCW. 90-06-073,
				  §
										391-35-010, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-047
				  (Order 80-6), §
										391-35-010, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-020 - Time for filing petition-Limitations on results of proceedings

Current through Register Vol. 24-14, July 15, 2024
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 certificate;
(c) Disputes under WAC
			 391-35-310 concerning eligibility
			 for interest arbitration;
(d)
			 Disputes under WAC
			 391-35-320 concerning status as a
			 confidential employee; or
(e)
			 Disputes under WAC
			 391-35-330 concerning one-person
			 bargaining units.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-026 - Special provision - State civil service employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060. 03-03-064, §
										391-35-026, filed 1/14/03,
				  effective 2/14/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-030 - Petition-Filing and service

Current through Register Vol. 24-14, July 15, 2024
A unit clarification petition may be filed through the
				agency's online e-filing system, by email, or in writ-ing 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 other party to the
				collective bargaining relationship, as required by WAC
				391-08-120(3) and
				(4).
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  34.05.413,
				  41.56.060 and
				  41.59.080. 01-14-009, §
										391-35-030, filed 6/22/01,
				  effective 8/1/01; 00-14-048, §
										391-35-030, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-35-030, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-35-030, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.56.060 and
				  41.59.080. 90-06-073, §
										391-35-030, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-047
				  (Order 80-6), §
										391-35-030, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-050 - Contents of petition filing forms

Current through Register Vol. 24-14, July 15, 2024
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, mailing address,
			 and telephone number of the employer and of the employer's representative;
			 and
(b) The name, email address,
			 mailing address, and telephone number of the exclusive representative and of
			 its principal representative.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-070 - Amendment and withdrawal

Current through Register Vol. 24-14, July 15, 2024
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
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.56.060 and
				  41.59.080. 90-06-073, §
										391-35-070, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-047
				  (Order 80-6), §
										391-35-070, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-085 - Amendment of certification

Current through Register Vol. 24-14, July 15, 2024
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 positions from the
				existing bargaining unit or change the bargaining unit's configuration and
				there is no question concerning representation.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.100,
				  41.76.060,
				  41.80.070. 08-15-032, §
										391-35-085, filed 7/9/08,
				  effective 8/9/08.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-090 - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
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 close of
				the hearing.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  34.05.434. 01-14-009, §
										391-35-090, filed 6/22/01,
				  effective 8/1/01. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.56.060 and
				  41.59.080. 90-06-073, §
										391-35-090, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-047
				  (Order 80-6), §
										391-35-090, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-099 - Special provision - Private sector and other employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050. 01-14-009, §
										391-35-099, filed 6/22/01,
				  effective 8/1/01. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and
				  chapter
				  49.08 RCW. 90-06-073,
				  §
										391-35-099, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-047
				  (Order 80-6), §
										391-35-099, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-110 - Coordination of proceedings

Current through Register Vol. 24-14, July 15, 2024
(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 bargaining unit must be resolved in the proceedings
			 under chapter 391-25 WAC.
(2) A
			 unit clarification proceeding may control or be controlled by an unfair labor
			 practice proceeding. If a petition for clarification under this chapter is
			 pending at the same time as a complaint under chapter 391-45 WAC involving all
			 or any part of the same bargaining unit, the executive director or designee has
			 discretion to withhold processing of one of the related proceedings pending the
			 outcome of the other related proceeding.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  34.05.070. 01-14-009, §
										391-35-110, filed 6/22/01,
				  effective 8/1/01; 96-07-105, §
										391-35-110, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59,
				  49.08 and 53.18 RCW. 90-06-073,
				  §
										391-35-110, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-047
				  (Order 80-6), §
										391-35-110, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-130 - Hearings-Who may conduct

Current through Register Vol. 24-14, July 15, 2024
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
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.56.060,
				  41.56.070,
				  41.59.070,
				  41.59.080 and
				  53.18.015. 90-06-073, §
										391-35-130, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-047
				  (Order 80-6), §
										391-35-130, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-170 - Hearings-Reopening of hearing-Briefs

Current through Register Vol. 24-14, July 15, 2024
(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 the respective positions of the parties to
			 obtain a full and complete factual record upon which the agency may discharge
			 its responsibilities under the applicable statute. The hearing officer has
			 authority, under WAC
			 10-08-200(8) and
			 (9), to ask questions, call witnesses, and
			 explore matters not raised or only partially raised by the parties.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-190 - Proceedings before the executive director

Current through Register Vol. 24-14, July 15, 2024
(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 unit, dismiss the petition, or make
			 other disposition of the matter.
(2) If the executive director determines that
			 employee eligibility issues exist, the executive director may delegate
			 authority to the hearing officer to decide those issues.
(3)
(a) A
			 party seeking review by the commission of an interlocutory decision of the
			 executive director, the executive director's designee, or a hearing officer
			 must file a motion for discretionary review with the commission and a copy with
			 the person who issued the interlocutory decision within seven days after the
			 decision is issued.
(b)
			 Discretionary review of an interlocutory decision issued by the executive
			 director, the executive director's designee, or a hearing officer will be
			 accepted by the commission only:
(i) If the
			 executive director, the executive director's designee, or the hearing officer
			 has committed an obvious error that would render further proceedings useless;
(ii) If the executive director,
			 the executive director's designee, or the hearing officer has committed
			 probable error and the interlocutory decision substantially alters the status
			 quo or substantially limits the freedom of a party to act; or
(iii) If the executive director, the
			 executive director's designee, or the hearing officer has so far departed from
			 the accepted and usual course of administrative proceedings as to call for
			 immediate review by the commission.
(c) A motion for discretionary review under
			 this rule, and any response, should not exceed 15 pages (double-spaced,
			 12-point type) excluding appendices.
(d) Denial of discretionary review of a
			 decision does not affect the right of a party to obtain later review of the
			 interlocutory decision or the issues pertaining to that decision.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-210 - Appeals

Current through Register Vol. 24-14, July 15, 2024
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 a notice of appeal cannot be extended.
(2) If an order has been appealed, the due
			 date for a notice of cross-appeal by other parties is seven days after the last
			 date on which a notice of appeal could be timely. The time for filing a notice
			 of cross-appeal cannot be extended.
(3) A notice of appeal or notice of
			 cross-appeal must identify, in separate numbered paragraphs, the specific
			 rulings, findings of fact, conclusions of law, or orders claimed to be in
			 error.
(4) A party that desires to
			 cite or reassert a document previously filed in the matter must do so by
			 reference to the document already on file and shall not file or attach another
			 copy of the document to documents filed regarding an appeal.
(5) A notice of appeal or notice of
			 cross-appeal must be filed and served as required by WAC
			 391-08-120.
(6) The due date for any appeal brief that
			 the party filing an appeal or cross-appeal desires to have considered by the
			 commission is 14 days following the filing of its notice of appeal or notice of
			 cross-appeal. Any brief must be filed and served as required by WAC
			 391-08-120.
(7) The due date for any responsive brief
			 that a party desires to have considered by the commission is 14 days following
			 the date on which that party is served with an appeal brief. Any brief must be
			 filed and served as required by WAC
			 391-08-120(1).
(8) The executive director or designee may
			 extend the due date for an appeal brief or responsive brief. Requests to extend
			 the due date may only be considered if made by the date the brief is due and in
			 compliance with WAC
			 391-08-180. Extensions of time
			 may not be routine or automatic.
(9) A party filing a brief under this section
			 must limit the brief's total length to 25 pages (double-spaced, 12-point type),
			 unless:
(a) It files and serves a motion for
			 permission to file a longer brief to address novel or complex issues raised by
			 the appeal; and
(b) The commission
			 or its designee grants the motion for good cause shown.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-250 - Commission action on appeals

Current through Register Vol. 24-14, July 15, 2024
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 basis of the entire
				record transmitted to it, determine the status of each position,
				classification, or group covered by the appeal and issue appropriate
				orders.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  34.05.464,
				  41.56.060 and
				  41.59.080. 00-14-048, §
										391-35-250, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-35-250, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.56.060 and
				  41.59.080. 90-06-073, §
										391-35-250, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-047
				  (Order 80-6), §
										391-35-250, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-254 - Special provision - Marine employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   41.58.050 and 41.58.065. 12-05-066, §
										391-35-254, filed 2/15/12,
				  effective 3/17/12.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-300 - School district employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.59.010 and [41.59].020.
				  96-07-105, §
										391-35-300, filed 3/20/96,
				  effective 4/20/96.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-301 - Higher education employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   41.56.060,
				  41.56.090,
				  41.58.050. 08-04-058, §
										391-35-301, filed 1/31/08,
				  effective 4/1/08.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-310 - Employees eligible for interest arbitration

Current through Register Vol. 24-14, July 15, 2024
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:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.430. 96-07-105, §
										391-35-310, filed 3/20/96,
				  effective 4/20/96.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-320 - Exclusion of confidential employees

Current through Register Vol. 24-14, July 15, 2024
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 collective bargaining agreements, and the role of that
			 person is not merely routine or clerical in nature but calls for the consistent
			 exercise of independent judgment; and
(2) Any person who assists and acts in a
			 confidential capacity to such person.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.56.030(2) and
				  41.59.020(4)(c)(i) and
				  (ii). 01-14-009, §
										391-35-320, filed 6/22/01,
				  effective 8/1/01.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-326 - Special provision - State civil service employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060 and
				  41.80.005(4).
				  03-03-064, §
										391-35-326, filed 1/14/03,
				  effective 2/14/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-327 - Special provision - Higher education faculty

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060 and
				  41.76.005(5) and
				  (10). 03-03-064, §
										391-35-327, filed 1/14/03,
				  effective 2/14/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-330 - One-person bargaining unit inappropriate

Current through Register Vol. 24-14, July 15, 2024
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. 01-14-009, §
										391-35-330, filed 6/22/01,
				  effective 8/1/01.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-340 - Unit placement of supervisors-Bargaining rights of supervisors

Current through Register Vol. 24-14, July 15, 2024
(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 would otherwise exist in a combined bargaining unit.
(2) It is presumptively appropriate to
			 include persons who exercise authority on behalf of the employer over
			 subordinate employees (usually termed "supervisors") in separate bargaining
			 units for the purposes of collective bargaining.
(3) The presumptions set forth in this
			 section are subject to modification by adjudication.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.56.060 and
				  41.59.080. 01-14-009, §
										391-35-340, filed 6/22/01,
				  effective 8/1/01.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-342 - Special provision - Educational employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.59.080. 01-14-009, §
										391-35-342, filed 6/22/01,
				  effective 8/1/01.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-343 - Special provision - Academic employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.020(3).
				  01-14-009, §
										391-35-343, filed 6/22/01,
				  effective 8/1/01.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-344 - Special provision - Marine employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   41.58.050 and 41.58.065. 12-05-066, §
										391-35-344, filed 2/15/12,
				  effective 3/17/12.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-346 - Special provision - State civil service employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060,
				  41.80.005(13)
				 and[41.80].070 (1). 03-03-064, §
										391-35-346, filed 1/14/03,
				  effective 2/14/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-347 - Special provision - Higher education faculty

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060 and
				  41.76.005(5) and
				  (9). 03-03-064, §
										391-35-347, filed 1/14/03,
				  effective 2/14/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-350 - Unit placement of regular part-time employees - Exclusion of casual and temporary employees

Current through Register Vol. 24-14, July 15, 2024
(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. Employees who, during the previous twelve
			 months, have worked more than one-sixth of the time normally worked by
			 full-time employees, and who remain available for work on the same basis, shall
			 be presumed to be regular part-time employees. For employees of school
			 districts and educational institutions, the term "time normally worked by
			 full-time employees" shall be based on the number of days in the normal
			 academic year.
(2) It shall be
			 presumptively appropriate to exclude casual and temporary employees from
			 bargaining units.
(a) Casual employees who
			 have not worked a sufficient amount of time to qualify as regular part-time
			 employees are presumed to have had a series of separate and terminated
			 employment relationships, so that they lack an expectation of continued
			 employment and a community of interest with full-time and regular part-time
			 employees.
(b) Temporary employees
			 who have not worked a sufficient amount of time to qualify as regular part-time
			 employees are presumed to lack an expectation of continued employment and a
			 community of interest with full-time and regular part-time employees.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-35 - Unit clarification case rules › Section 391-35-356 - Special provision - State civil service employees

Current through Register Vol. 24-14, July 15, 2024
(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 avoid excessive fragmentation and a
			 potential for conflicting work jurisdiction claims which would otherwise exist
			 in separate units of full-time and less than full-time employees.
(3) The presumption set forth in this section
			 shall be subject to modification by adjudication.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060,
				  41.80.005(6)
				  and[41.80].070 (1). 03-03-064, §
										391-35-356, filed 1/14/03,
				  effective 2/14/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-001 - Scope-Contents-Other rules

Current through Register Vol. 24-14, July 15, 2024
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 practice and
				procedure in chapter 391-08 WAC, these special rules prevail.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060. 03-03-064, §
										391-45-001, filed 1/14/03,
				  effective 2/14/03. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050. 01-14-009, §
										391-45-001, filed 6/22/01,
				  effective 8/1/01; 00-14-048, §
										391-45-001, filed 6/30/00,
				  effective 8/1/00; 96-07-105, §
										391-45-001, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59 and 53.18 RCW. 90-06-074,
				  §
										391-45-001, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-048
				  (Order 80-7), §
										391-45-001, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-002 - Sequence and numbering of rules - Special provisions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050, 41.58.065,
				  41.59.110,
				  41.76.060,
				  41.80.120, and
				  49.39.060. 12-05-066, §
										391-45-002, filed 2/15/12,
				  effective 3/17/12. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.120, and
				  49.39.060. 10-20-172, §
										391-45-002, filed 10/6/10,
				  effective 11/6/10. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060. 03-03-064, §
										391-45-002, filed 1/14/03,
				  effective 2/14/03. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050. 01-14-009, §
										391-45-002, filed 6/22/01,
				  effective 8/1/01; 00-14-048, §
										391-45-002, filed 6/30/00,
				  effective 8/1/00. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59 and 53.18 RCW. 90-06-074,
				  §
										391-45-002, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 83-24-034 (Order
				  83-04), §
										391-45-002, filed 12/1/83,
				  effective 1/1/84. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-048
				  (Order 80-7), §
										391-45-002, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-010 - Complaint charging unfair labor practices-Who may file

Current through Register Vol. 24-14, July 15, 2024
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,
				  41.59.110,
				  41.58.050,
				  28B.52.065,
				  41.56.040,
				  41.58.040,
				  41.59.060 and
				  53.18.015. 00-14-048, §
										391-45-010, filed 6/30/00,
				  effective 8/1/00; 90-06-074, §
										391-45-010, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-048
				  (Order 80-7), §
										391-45-010, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-019 - Special provision - Private sector employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and
				  49.08.020. 90-06-074, §
										391-45-019, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-048
				  (Order 80-7), §
										391-45-019, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-030 - Complaint-Filing and service

Current through Register Vol. 24-14, July 15, 2024
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 respondent, as required by WAC
				391-08-120(3) and
				(4).
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.065,
				  34.05.413,
				  41.56.160 and
				  41.59.150. 00-14-048, §
										391-45-030, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-45-030, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-45-030, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.073, 41.56.170,
				  41.59.150 and
				  53.18.015. 90-06-074, §
										391-45-030, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-048
				  (Order 80-7), §
										391-45-030, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-050 - Contents of complaint filing forms-Contents of complaint

Current through Register Vol. 24-14, July 15, 2024
(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 know), including:
(i) The name, email address, mailing address,
			 and telephone number of the employer and of the employer's
			 representative;
(ii) The name,
			 email address, mailing address, address and telephone number of the entity
			 (employer or employee organization) accused of committing unfair labor
			 practices (the respondent) and of the respondent's representative;
			 and
(iii) The name, email address,
			 mailing address, and telephone number of the party filing the complaint (the
			 complainant) and of the complainant's representative.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-070 - Amendment

Current through Register Vol. 24-14, July 15, 2024
(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
			 amendment is germane to the subject matter of the complaint as originally filed
			 or previously amended; and
(d)
			 Granting the amendment will not cause undue delay of the proceedings.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-090 - Withdrawal

Current through Register Vol. 24-14, July 15, 2024
(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
			 filing of unfair labor practice complaints.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.073,
				  41.56.140,
				  41.56.150,
				  41.59.140 and
				  53.18.015. 00-14-048, §
										391-45-090, filed 6/30/00,
				  effective 8/1/00; 90-06-074, §
										391-45-090, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-048
				  (Order 80-7), §
										391-45-090, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-110 - Deficiency notice-Cause of action statement-Deferral to arbitration

Current through Register Vol. 24-14, July 15, 2024
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, constitute a violation, a deficiency notice
			 identifying the defects and specifying a due date for the filing and service of
			 an amended complaint will be issued and served on all parties. If the defects
			 are not cured within 21 days, an order dismissing the defective allegation(s)
			 and stating the reasons for that action must be issued and served on all
			 parties. Unless appealed to the commission under WAC
			 391-45-350, an order of dismissal
			 issued under this subsection is the final order of the agency on the defective
			 allegation(s) with the same force and effect as if issued by the
			 commission.
(2) If one or more
			 allegations state a cause of action for unfair labor practice proceedings
			 before the agency, a cause of action statement summarizing the allegation(s)
			 will be issued and served on all parties.
(a)
			 A cause of action statement forwarding a case for further proceedings is an
			 interim order that may only be appealed to the commission by a notice of appeal
			 filed after issuance of an examiner decision under WAC
			 391-45-310(2).
(b) The cause of action statement limits the
			 cause(s) of action before an examiner and the commission. A complainant who
			 claims that the cause of action statement failed to address one or more causes
			 of action the complainant sought to advance in the complaint may, before the
			 issuance of a notice of hearing, seek clarification from the person who issued
			 the cause of action statement.
(c)
			 The cause of action statement must establish the due date for the respondent to
			 file its answer.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-130 - Examiner-Who may act

Current through Register Vol. 24-14, July 15, 2024
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.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.065,
				  41.56.160 and
				  41.59.150. 00-14-048, §
										391-45-130, filed 6/30/00,
				  effective 8/1/00; 96-07-105, §
										391-45-130, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.073,
				  41.56.160, 41.56.170 and
				  53.18.015. 90-06-074, §
										391-45-130, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-048
				  (Order 80-7), §
										391-45-130, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-170 - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
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
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.065,
				  34.05.434,
				  41.56.160 and
				  41.59.150. 00-14-048, §
										391-45-170, filed 6/30/00,
				  effective 8/1/00; 96-07-105, §
										391-45-170, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.073, 41.56.170,
				  41.59.150 and
				  53.18.015. 90-06-074, §
										391-45-170, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-048
				  (Order 80-7), §
										391-45-170, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-190 - Answer-Filing and service

Current through Register Vol. 24-14, July 15, 2024
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,
				  41.59.110,
				  41.58.050,
				  28B.52.065,
				  41.56.160 and
				  41.59.150. 00-14-048, §
										391-45-190, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-45-190, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-45-190, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.073, 41.56.170,
				  41.59.150 and
				  53.18.015. 90-06-074, §
										391-45-190, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-048
				  (Order 80-7), §
										391-45-190, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-210 - Answer-Contents-Amendment-Effect of failure to answer

Current through Register Vol. 24-14, July 15, 2024
(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. An answer must assert any affirmative defenses that are claimed to
			 exist.
(2) Counterclaims by a
			 respondent against a complainant must be filed and processed as separate cases,
			 subject to procedures for consolidation of proceedings.
(3) Motions to amend answers must be acted
			 upon by the examiner, subject to the following limitations:
(a) Amendment is allowed if a motion to amend
			 the complaint has been granted;
(b)
			 Amendment may be allowed prior to the opening of a hearing, subject to due
			 process requirements;
(c) After the
			 opening of a hearing, amendment may only be allowed to conform the pleadings to
			 evidence received without objection, upon motion made before the close of the
			 hearing.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-250 - Motion to make complaint more definite and detailed

Current through Register Vol. 24-14, July 15, 2024
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 the date specified for the filing of an
			 answer. The motion must be filed and served as required by WAC
			 391-08-120.
(2) The filing of a motion under this section
			 extends the due date for the respondent's answer until a date set by the
			 examiner.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.065,
				  41.56.160 and
				  41.59.150. 00-14-048, §
										391-45-250, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-45-250, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.073, 41.56.170,
				  41.59.150 and
				  53.18.015. 90-06-074, §
										391-45-250, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-048
				  (Order 80-7), §
										391-45-250, filed 9/30/80,
				  effective 11/1/80.