Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-280 - Impasse-determination

Current through Register Vol. 24-14, July 15, 2024
Whenever either a health care activities employer or the
				exclusive bargaining representative of the bargaining unit of such health care
				activity are of the opinion that an impasse has arisen between the parties in
				the process of collective bargaining, either party may request the department
				in writing to determine whether an impasse exists in the collective bargaining
				process.
For the purpose of these rules and supplementary to section 9
				of the act, an impasse in the collective bargaining process will be presumed to
				have been reached when the parties have not agreed upon a collective bargaining
				contract and an issue or issues remain upon which neither party is willing to
				agree, nor make in good faith concessions or make further concessions in good
				faith, nor agree upon any good faith proposal nor make further proposals in
				good faith for the settlement of any issue remaining unresolved.
For the purpose of these rules and supplementary to the act,
				the terms "collective bargaining" means the performance of the mutual
				obligations of the employer and the bargaining representative of the employees
				to meet at reasonable times, to confer in good faith with respect to wages,
				hours and other terms and conditions of employment, or the negotiations of an
				agreement, or any question arising thereunder, and the execution of a written
				contract incorporating any agreement reached, but such obligation does not
				compel either party to agree to a proposal or require the making of a
				concession.
In any case in which the department is requested to determine
				whether an impasse has been reached in the collective bargaining process, the
				authorized agent shall request the parties representing the employer, and the
				parties representing the exclusive bargaining representative in the
				negotiations to meet and confer with the authorized agent for the purpose of an
				informal hearing conference to enable a determination of the facts to be made
				as to whether an impasse has been reached in the collective bargaining process.
				For that purpose the authorized agent may take evidence and testimony under
				oath. If the authorized agent determines that an impasse has been reached in
				the collective bargaining process, he shall forthwith enter findings and
				conclusions forming the basis of his belief that an impasse has been reached
				and setting forth therein the specific issues remaining unresolved between the
				parties which constitute the impasse accompanied by an order declaring an
				impasse and ordering the parties to forthwith choose and impanel a board of
				arbitrators pursuant to the provisions of section 9 of the act. Which order
				shall further require the parties to furnish copies of the authorized agent's
				findings and conclusions and order declaring an impasse to each member of the
				panel of arbitrators for their guidance upon the subject of the issues
				remaining unresolved constituting the impasse.
If an impasse is found not to have been reached in the process
				of collective bargaining, the authorized agent shall enter findings and
				conclusions and order the parties to resume the process of collective
				bargaining.
Order 72-13, § 296-133-280, filed
				  7/31/72.