reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-252 - Special provision - Educational 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
				  41.59.070(1) and
				  (4). 90-06-072, §
										391-25-252, 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. 80-14-046
				  (Order 80-5), §
										391-25-252, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-253 - Special provision - Academic 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
				  28B.52.030. 90-06-072, §
										391-25-253, 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. 80-14-046
				  (Order 80-5), §
										391-25-253, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-270 - Interim certification-Supplemental proceedings

Current through Register Vol. 24-14, July 15, 2024
Where the matters at issue in a proceeding under this chapter
				are limited to the eligibility of particular individuals or classifications for
				inclusion in the bargaining unit, the executive director or designee may
				expedite the proceedings while reserving the eligibility issues for subsequent
				determination.
(1) The agency will
			 conduct an election or card check, as appropriate.
(a) The individuals whose eligibility is
			 disputed are permitted to vote by challenged ballot in an election.
(b) The individuals whose eligibility is
			 disputed will be listed as challenged in a card check, and any authorizations
			 signed by those individuals must not be tallied.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-290 - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
If it appears to the executive director or designee that a
				question concerning representation may exist, 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. 01-14-009, §
										391-25-290, filed 6/22/01,
				  effective 8/1/01. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.56.040. 90-06-072, §
										391-25-290, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.58.050,
				  41.56.090 and
				  41.59.110. 88-12-054 (Order
				  88-02), §
										391-25-290, filed 5/31/88.
				  Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-046
				  (Order 80-5), §
										391-25-290, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-299 - Private sector and other employees

Current through Register Vol. 24-14, July 15, 2024
Except for symphony musicians who exercise collective
				bargaining rights under chapter 49.39 RCW, the agency lacks authority to
				proceed in representation disputes under chapter 49.08 RCW absent the agreement
				of all parties.
Statutory Authority:
				  RCW
				   41.58.050 and
				  49.39.060. 10-20-172, §
										391-25-299, filed 10/6/10,
				  effective 11/6/10. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050. 01-14-009, §
										391-25-299, 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. 90-06-072,
				  §
										391-25-299, 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. 80-14-046
				  (Order 80-5), §
										391-25-299, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-310 - 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. 90-06-072, §
										391-25-310, 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. 80-14-046
				  (Order 80-5), §
										391-25-310, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-350 - Hearings-Reopening of hearing-Briefs

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Hearings directed under WAC
			 391-25-390 are public, unless a
			 protective order is issued under WAC
			 10-08-200(7), and
			 are limited to matters concerning the determination of a question concerning
			 representation.
(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 391-25 - Representation case rules › Section 391-25-370 - Blocking charges-Suspension of proceedings-Request to proceed

Current through Register Vol. 24-14, July 15, 2024
(1) The executive director may suspend the
			 processing of a representation petition under this chapter pending the outcome
			 of related unfair labor practice proceedings if:
(a) A complaint charging unfair labor
			 practices is filed under the provisions of chapter 391-45 WAC;
(b) It appears that the facts as alleged may
			 constitute an unfair labor practice; and
(c) The unfair labor practice could
			 improperly affect the outcome of a representation election.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-390 - 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.
(a) The
			 executive director shall determine whether a question concerning representation
			 exists and issue a direction of election, dismiss the petition, or make other
			 disposition of the matter.
(b)
			 Unless otherwise provided in a direction of election, the cutoff date for
			 eligibility to vote in an election is the date of issuance of the direction of
			 election.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-391 - Special provision - Public 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 and
				  41.56.060. 98-14-112, §
										391-25-391, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-25-391, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.56.060. 90-06-072, §
										391-25-391, 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. 80-14-046
				  (Order 80-5), §
										391-25-391, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-396 - Special provision - State civil service employees

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to the cross-check of records
			 permitted by WAC
			 391-25-391 and the procedures
			 under WAC
			 391-25-410, where only one
			 organization is seeking certification as the representative of unrepresented
			 employees covered by
			 chapters
			 41.06 and 41.80 RCW, the
			 executive director may issue a direction of cross-check utilizing the
			 procedures outlined in WAC
			 391-25-410 if the showing of
			 interest submitted in support of the petition indicates that the petitioning
			 organization has been authorized by a majority of the employees to act as their
			 representative for the purposes of collective bargaining, provided:
The authorization cards submitted in support of a petition
				under this section must, at a minimum, contain the following:
(a) The employee's name typed or printed
			 legibly, the employee's signature, and the date of the employee's
			 signature;
(b) A statement that the
			 employee designates the named labor organization as the employee's exclusive
			 bargaining representative for purposes of collective bargaining;
(c) A statement that the showing of interest
			 may be used for purposes of a cross-check election under this rule;
(d) A statement that the employee understands
			 that the employee's signature on the card may be used to obtain certification
			 of the named labor organization as the exclusive bargaining representative of
			 the employee without a secret ballot election; and
(e) A statement that the employee has the
			 right to ask the agency to revoke the employee's authorization card for
			 purposes of cross-check of records. The agency shall notify the petitioner of
			 the existence and number of any such revocation(s) prior to the commencement of
			 the cross-check, but shall not disclose the identities of the employees
			 involved.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-399 - Special provision - Symphony musicians

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   41.58.050 and
				  49.39.060. 10-20-172, §
										391-25-399, filed 10/6/10,
				  effective 11/6/10.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-400 - Card check

Current through Register Vol. 24-14, July 15, 2024
(1) If only one
			 organization is seeking certification as the exclusive representative of
			 unrepresented employees and the showing of interest exceeds 50 percent of the
			 employees subject to the petition, then the executive director or the executive
			 director's designee may direct a card check to determine whether the employees
			 desire to be represented by the petitioner.
(2) Employees desiring to withdraw their
			 showing of interest cards for purposes of the card check may do so by sending
			 an individual card or letter signed by the employee to the executive director
			 or the executive director's designee before the date specified in the direction
			 of card check. The agency shall notify the petitioner of any such request
			 before the commencement of the card check but shall not disclose the identity
			 of the employee submitting the request.
(3) The employer shall make available to the
			 agency original or legible copies of employment records containing the names
			 and signatures of the employees in the bargaining unit.
(4) Before the commencement of the card
			 check, the petitioner may file and serve, as required by WAC
			 391-08-120, a request that the
			 question concerning representation be determined by a representation
			 election.
(5) All card checks must
			 be by actual comparison of records provided by the parties. The agency shall
			 not disclose the names of employees giving representation authorization in
			 favor of the organization. Following the comparison of records, the agency
			 shall issue a tally sheet demonstrating the outcome of the card
			 check.
(6) The card check
			 procedures described in subsections (1) through (5) of this section are not
			 applicable for certificated employees who collectively bargain under chapter
			 41.59 RCW, academic employees who collectively bargain under chapter 28B.52
			 RCW, symphony musicians who collectively bargain under chapter 49.39 RCW, and
			 the bargaining units described in
			 RCW
			  74.39A.270,
			 74.39A.300,
			 41.56.028,
			 41.56.029, and
			 41.56.510.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-410 - Cross-check of records

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.56.060. 01-14-009, §
										391-25-410, filed 6/22/01,
				  effective 8/1/01; 98-14-112, §
										391-25-410, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-25-410, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.56.060. 90-06-072, §
										391-25-410, 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. 80-14-046
				  (Order 80-5), §
										391-25-410, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-412 - Special provision - Educational 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
				  41.59.070. 90-06-072, §
										391-25-412, 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. 80-14-046
				  (Order 80-5), §
										391-25-412, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-413 - Special provision - Academic 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
				  28B.52.030. 90-06-072, §
										391-25-413, 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. 80-14-046
				  (Order 80-5), §
										391-25-413, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-416 - 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, §
										391-25-416, filed 1/14/03,
				  effective 2/14/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-420 - Unit determination elections

Current through Register Vol. 24-14, July 15, 2024
Employees may not be subjected to examination or
				cross-examination concerning their views on the configuration of bargaining
				units. A unit determination election is the exclusive method to determine the
				desire of the employees involved.
(1)
			 If the executive director determines that either of two or more bargaining unit
			 configurations proposed by petitioning or intervening organizations could be
			 appropriate, a unit determination election must be conducted.
(2) Unless governed by
			 RCW
			  41.56.050(2) or
			 41.80.070(3), if
			 an organization desires to merge two or more historically separate bargaining
			 units, it may request a unit determination election under this section.
(a) The organization shall file a petition
			 under WAC
			 391-25-070, indicating under
			 "other relevant facts" that it is seeking a merger of two or more existing
			 bargaining units.
(b) The showing
			 of interest must indicate support for the merger of units and be evaluated
			 separately in each of the historical bargaining units.
(c) The proposed merged unit must be an
			 appropriate unit under the applicable statute.
(i) If the propriety of the merged bargaining
			 unit is disputed, the executive director shall make a determination following a
			 hearing.
(ii) If the propriety of
			 the merged bargaining unit is stipulated, the executive director or designee
			 shall determine whether the proposed unit is, on its face, an appropriate
			 bargaining unit under the applicable statute.
(d) If the merged unit is found to be
			 appropriate, the agency shall conduct a unit determination election in each of
			 the bargaining units proposed for merger.
(i)
			 If the merger is rejected in any of the historical units, the petition must be
			 dismissed.
(ii) If the merger is
			 approved in all of the historical units and no motion for intervention has been
			 granted, the executive director shall issue a certification designating the
			 petitioning organization as the exclusive bargaining representative of the
			 merged bargaining unit.
(iii) If a
			 motion for intervention has been granted under WAC
			 391-25-170 or
			 391-25-190, the agency shall
			 conduct a representation election prior to the issuance of a
			 certification.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-426 - 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
				  41.80.070(3).
				  03-11-029, §
										391-25-426, filed 5/15/03,
				  effective 6/15/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-427 - 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(11).
				  03-03-064, §
										391-25-427, filed 1/14/03,
				  effective 2/14/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-430 - Notice of election or card check

Current through Register Vol. 24-14, July 15, 2024
(1) When an
			 election or card check is to be conducted, the agency shall issue a notice to
			 the employer, and the employer shall provide to the petitioned-for employees a
			 copy of the notice of election or card check. The employer shall also post the
			 notice in conspicuous places on its premises where notices to affected
			 employees are usually posted. The notice must contain all of the following:
(a) The deadline for return of mail ballots
			 or the date(s), hours, and polling place(s) for an on-site election; the voting
			 period for an electronic election; or the date of the card check.
(b) The cut-off date, if any, or other
			 criteria establishing eligibility to vote in the election or card check,
			 including that the eligible employees are limited to those who continue to be
			 employed within the bargaining unit when they cast a ballot in an on-site
			 election, at the deadline for return of mail ballots, at the closing of polls
			 in an electronic election, or on the date agency staff conducts the card check
			 under WAC
			 391-25-400.
(c) A statement of the purpose of the
			 election or card check and the question to be voted upon.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-436 - Special provision - State civil service employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   41.58.050,
				  41.80.080. 08-15-032, §
										391-25-436, filed 7/9/08,
				  effective 8/9/08.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-440 - Election for inclusion of unrepresented employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.06.340,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.080, and
				  49.39.060. 10-20-172, §
										391-25-440, filed 10/6/10,
				  effective 11/6/10. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.100,
				  41.76.060,
				  41.80.070. 08-17-119, §
										391-25-440, filed 8/20/08,
				  effective 9/20/08.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-450 - Disclaimers

Current through Register Vol. 24-14, July 15, 2024
Before the agency issues a notice of election and mails the
				ballots, an organization may disclaim a bargaining unit and have its name
				removed from the ballot by written notice filed and served as required by WAC
				391-08-120. The organization
				filing a disclaimer may not seek to be certified in the bargaining unit, or any
				subdivision thereof, for a period of at least six months.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.06.340,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.080, and
				  49.39.060. 10-20-172, §
										391-25-450, filed 10/6/10,
				  effective 11/6/10. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.56.070 and
				  41.59.070. 01-14-009, §
										391-25-450, filed 6/22/01,
				  effective 8/1/01; 98-14-112, §
										391-25-450, filed 7/1/98,
				  effective 8/1/98; 90-06-072, §
										391-25-450, 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. 80-14-046
				  (Order 80-5), §
										391-25-450, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-470

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.52.030,
				  41.56.060 and
				  41.59.070. 01-14-009, §
										391-25-470, filed 6/22/01,
				  effective 8/1/01; 96-07-105, §
										391-25-470, 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
				  41.59.070. 90-06-072, §
										391-25-470, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.58.050,
				  41.56.090 and
				  41.59.110. 88-12-054 (Order
				  88-02), §
										391-25-470, filed 5/31/88.
				  Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-046
				  (Order 80-5), §
										391-25-470, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-476

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, §
										391-25-476, filed 1/14/03,
				  effective 2/14/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-480 - Elections-Electioneering-Objectionable conduct

Current through Register Vol. 24-14, July 15, 2024
(1) The executive director has discretion to
			 conduct elections electronically, by mail, or on-site. The procedures for each
			 means of election must be designed to preserve the secrecy of employee voting.
			 Multiple questions, including unit determination elections, may be submitted to
			 employees at the same time on separate ballots.
(2) The agency shall transmit the results of
			 an electronic election to the parties of record.
(3) Following the close of an election by
			 mail, each party may be represented by observers of their own choosing at the
			 tally of any ballots.
(4) For an
			 on-site election, each party may be represented by observers of their own
			 choosing, subject to any limitations the executive director may prescribe.
			 During the hours of voting, no management official having authority over
			 bargaining unit employees nor any officer or paid employee of an organization
			 may serve as observer.
(5) The
			 following prohibitions apply to assure appropriate conditions for employees to
			 cast their ballots:
(a) The reproduction of
			 any document purporting to suggest, either directly or indirectly, that the
			 agency endorses a particular choice in an election is prohibited.
(b) The use of deceptive campaign practices
			 improperly involving the agency and its processes is prohibited.
(c) The use of forged documents is
			 prohibited.
(d) Coercion or
			 intimidation of eligible voters, or any threat of reprisal or force or promise
			 of benefit to eligible voters, is prohibited.
(e) Conduct in violation of WAC
			 391-25-140 is
			 prohibited.
(f) Misrepresentations
			 of fact or law are prohibited. To set aside an election, a misrepresentation
			 must:
(i) Be a substantial misrepresentation
			 of fact or law regarding a salient issue;
(ii) Be made by a person having intimate
			 knowledge of the subject matter, so that employees may be expected to attach
			 added significance to the assertion;
(iii) Occur at a time which prevents others
			 from effectively responding; and
(iv) Be reasonably viewed as having had a
			 significant impact on the election, whether a deliberate misrepresentation or
			 not.
(g) Election
			 speeches on the employer's time to massed assemblies of employees are
			 prohibited during the period that the polls are open in an on-site or
			 electronic election or during the period beginning on the scheduled date for a
			 mail ballot election and continuing through the deadline for mail ballots.
			 Other electioneering not prohibited by (a) through (f) of this subsection is
			 permitted during that period.
(h)
			 For on-site elections, no electioneering may occur at or around the polling
			 place during the hours of voting.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-490

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.52.030,
				  41.56.060 and
				  41.59.070. 01-14-009, §
										391-25-490, filed 6/22/01,
				  effective 8/1/01; 96-07-105, §
										391-25-490, 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
				  41.59.070. 90-06-072, §
										391-25-490, 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. 80-14-046
				  (Order 80-5), §
										391-25-490, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-496

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
				  41.80.080. 03-03-064, §
										391-25-496, filed 1/14/03,
				  effective 2/14/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-510 - Challenged ballots

Current through Register Vol. 24-14, July 15, 2024
(1) Any observer
			 or the election officer may challenge, for good cause, the eligibility of any
			 person seeking to cast a ballot in a mail ballot, on-site, or electronic
			 election. No person may be denied the right to cast a challenged ballot, and
			 the ballot of the challenged voter must be placed in a sealed envelope
			 identifying the voter and the observer or election officer challenging the
			 eligibility of the voter.
(2) Any
			 party may withdraw a challenge previously made and, unless the eligibility of
			 the voter is challenged by another party or the election officer, the challenge
			 is resolved.
(3) If the challenged
			 ballots do not affect the results of the election, they will be impounded and
			 the appropriate certification or interim certification will be
			 issued.
(4) If the number of
			 challenged ballots would affect the results of the election, the executive
			 director or the executive director's designee shall conduct proceedings under
			 WAC 391-25-390 and rule on all
			 challenges except those made by a party to preserve an objection to a ruling
			 previously made by the executive director or the executive director's designee
			 as to the eligibility of the challenged voter.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.030,
				  41.56.060 and
				  41.59.070. 01-14-009, §
										391-25-510, filed 6/22/01,
				  effective 8/1/01; 96-07-105, §
										391-25-510, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.56.040. 90-06-072, §
										391-25-510, 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. 80-14-046
				  (Order 80-5), §
										391-25-510, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-530 - Votes needed to determine election

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Except as provided in subsection (2) of this section, representation elections
			 must be decided by a majority of those voting.
(a) If there are only two choices on the
			 ballot, a tie vote results in a certification of no representative.
(b) If there are only two choices on the
			 ballot and both choices are qualified employee organizations or bargaining
			 representatives, the executive director may direct a rerun election following a
			 tie result for good cause shown.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-531 - Special provision - Public employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   41.56.060,
				  41.56.090, and
				  41.58.050. 10-20-172, §
										391-25-531, filed 10/6/10,
				  effective 11/6/10. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.56.070. 90-06-072, §
										391-25-531, 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. 80-14-046
				  (Order 80-5), §
										391-25-531, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-550 - Tally sheet

Current through Register Vol. 24-14, July 15, 2024
The election officer shall prepare and issue a tally of the
				votes cast on unchallenged ballots and the number of challenged ballots. The
				tally must indicate whether the results of the election were conclusive or
				inconclusive. After the resolution of challenged ballots affecting the results
				of the election, a revised tally must be issued.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.030,
				  41.56.060 and
				  41.59.070. 96-07-105, §
										391-25-550, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.56.070 and
				  41.59.070. 90-06-072, §
										391-25-550, 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. 80-14-046
				  (Order 80-5), §
										391-25-550, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-570 - Procedure following inconclusive election

Current through Register Vol. 24-14, July 15, 2024
In any election in which there are three or more choices on the
				ballot, if none of the choices receives the number of votes necessary to
				determine the election, a run-off election must be held providing for selection
				between the two choices receiving the largest numbers of valid ballots cast in
				the inconclusive election. Any organization excluded from a run-off election
				may file objections to specific conduct affecting the results of the
				inconclusive election. Where the choice of "no representative" is to be
				excluded from a run-off election, the employer or decertification petitioner
				may file objections to specific conduct affecting the results of the
				inconclusive election. Any objections must be resolved before a runoff election
				is conducted. All run-off elections must be determined as provided in WAC
				391-25-530.
Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.56.070 and
				  41.59.070. 90-06-072, §
										391-25-570, 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. 80-14-046
				  (Order 80-5), §
										391-25-570, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-590 - Objections to improper conduct and interim orders

Current through Register Vol. 24-14, July 15, 2024
The due date for objections is seven days after the tally has
				been served under WAC
				391-25-400 or
				391-25-550, regardless of whether
				the number of challenged ballots would affect the results of the election. The
				time for filing objections cannot be extended.
(1) Objections by the petitioner, the
			 employer, or any intervenor must set forth, in separate numbered paragraphs:
(a) The specific conduct which the party
			 filing the objection claims has improperly affected the results of the
			 election; or
(b) The direction of
			 election, direction of card check, or other interim rulings which the objecting
			 party desires to appeal to the commission.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-610 - Procedure where no objections are filed

Current through Register Vol. 24-14, July 15, 2024
If no objections are filed within the time set forth in WAC
				391-25-590, if the number of
				challenged ballots does not affect the determination of the question concerning
				representation, and if no run-off election is to be held, the executive
				director shall issue a certification having the same force and effect as if
				issued by the commission.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.56.080 and
				  41.59.090. 01-14-009, §
										391-25-610, 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,
				  41.56.070 and
				  41.59.070. 90-06-072, §
										391-25-610, 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. 80-14-046
				  (Order 80-5), §
										391-25-610, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-630 - Procedure where conduct objections are filed

Current through Register Vol. 24-14, July 15, 2024
If objections allege improper conduct under WAC
				391-25-590(1)(a) or
				(2), other parties may be requested to
				respond to the objections within a period of time established by the agency.
				The period must be seven days or more.
(1) If the objections and any responses
			 indicate there is no genuine issue as to any material fact and that one of the
			 parties is entitled to a judgment as a matter of law, the commission may issue
			 a summary judgment in the matter.
(2) If the objections and any responses raise
			 material questions of fact which cannot be resolved without a hearing, the
			 matter may be remanded to the executive director to conduct further proceedings
			 under WAC
			 391-25-390. Hearings on
			 objections to conduct affecting the results of an election may be consolidated
			 with hearings on challenged ballots in the same proceeding.
(3) The objections, any responses, and the
			 record made at any hearing on the objections must be referred to the
			 commission.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.56.070 and
				  41.59.070. 98-14-112, §
										391-25-630, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.56.040 and
				  41.59.110. 90-06-072, §
										391-25-630, 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. 80-14-046
				  (Order 80-5), §
										391-25-630, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-650 - Briefs and written arguments on objections

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 due date for any appeal brief which the party filing an objection desires to
			 have considered by the commission is 14 days following the later of:
(a) The issuance of a transcript of a hearing
			 held under WAC
			 391-25-630(2);
			 or
(b) The filing of objections
			 under WAC
			 391-25-590.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-660 - Appeals from orders and jurisdictional rulings

Current through Register Vol. 24-14, July 15, 2024
An order issued under WAC
				391-25-290 or
				391-25-510 and any rulings in the
				proceedings up to the issuance of the order, as well as rulings that the
				employer or employees are subject to the jurisdiction of the agency, 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.
(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 391-25 - Representation case rules › Section 391-25-670 - Commission action on objections and appeals

Current through Register Vol. 24-14, July 15, 2024
If there are objections under WAC
				391-25-590 or an order is
				appealed under WAC
				391-25-660, 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 objections or appeal and any challenged
				ballots referred to the commission under WAC
				391-25-510 and issue appropriate
				orders.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  34.05.464,
				  41.56.070 and
				  41.59.070. 00-14-048, §
										391-25-670, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-25-670, 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
				  41.59.070. 90-06-072, §
										391-25-670, 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. 80-14-046
				  (Order 80-5), §
										391-25-670, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-25 - Representation case rules › Section 391-25-674 - 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, §
										391-25-674, 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 391-35-001 - Scope-Contents-Other rules

Current through Register Vol. 24-14, July 15, 2024
This chapter governs unit clarification 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, §
										391-35-001, 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, §
										391-35-001, filed 6/22/01,
				  effective 8/1/01; 96-07-105, §
										391-35-001, 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,
				  49.08 and 53.18 RCW. 90-06-073,
				  §
										391-35-001, 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. 80-14-047
				  (Order 80-6), §
										391-35-001, 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 391-35-002 - Sequence and numbering of rules - Special provisions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.06.340,
				  41.56.090,
				  41.58.050, 41.58.065,
				  41.59.110,
				  41.76.060,
				  41.80.080, and
				  49.39.060. 12-05-066, §
										391-35-002, filed 2/15/12,
				  effective 3/17/12. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.06.340,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.080, and
				  49.39.060. 10-20-172, §
										391-35-002, 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, §
										391-35-002, 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, §
										391-35-002, filed 6/22/01,
				  effective 8/1/01. 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,
				  §
										391-35-002, 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. 83-24-033 (Order
				  83-03), §
										391-35-002, 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. 80-14-047
				  (Order 80-6), §
										391-35-002, filed 9/30/80,
				  effective 11/1/80.