Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-210 - Interest arbitration-Selection of neutral chairperson

Current through Register Vol. 24-14, July 15, 2024
(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 executive director of the identity of
			 the chairperson.
(2) If the parties
			 agree to have the agency appoint a staff member as the neutral chairperson,
			 they shall submit a written joint request to the executive director. The
			 parties are not entitled to influence the designation of a neutral chairperson
			 under this subsection and may not, either in writing or by other communication,
			 attempt to indicate any preference for or against any person as the neutral
			 chairperson to be appointed by the agency. Upon the submission of a request,
			 the executive director shall appoint a neutral chairperson from the agency
			 staff.
(3) If the parties desire to
			 select a neutral chairperson from a panel of arbitrators, they shall attempt to
			 agree as to whether the public employment relations commission, the Federal
			 Mediation and Conciliation Service, or the American Arbitration Association
			 will supply the list of arbitrators. If the choice of agency is agreed, either
			 party or the parties jointly shall request a panel of at least five arbitrators
			 specifying that the request is for interest arbitration proceedings under the
			 applicable statute. Referrals and selection from the public employment
			 relations commission's dispute resolution panel must be made as provided in WAC
			 391-75-020. Referrals and
			 selection from other panels must be made under the rules of the agency
			 supplying the list of arbitrators. The parties shall notify the executive
			 director of the identity of the neutral chairperson.
(4) If the parties have not notified the
			 executive director of their selection of a neutral chairperson within 28 days
			 after certification of issues under WAC
			 391-55-200, the parties are
			 deemed to have waived the procedures in subsections (1) through (3) of this
			 section. The agency shall issue a list of dispute resolution panel members and
			 the neutral chairperson must be selected as provided in WAC
			 391-75-020 unless the parties
			 notify the executive director that by mutual agreement they have determined an
			 alternative process for selecting a neutral chairperson.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.450. 99-14-060, §
										391-55-210, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-210, filed 3/20/96,
				  effective 4/20/96. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 83-24-035 (Order
				  83-05), §
										391-55-210, 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. 80-14-049
				  (Order 80-8), §
										391-55-210, filed 9/30/80,
				  effective 11/1/80.