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 296-133-200 - Conduct of election

Current through Register Vol. 24-14, July 15, 2024
In the event a representation election is conducted for the
				purposes of certification, the following rules shall apply:
(1) Notice of election shall be given to all
			 interested parties, and shall be prominently posted by the employer at a place
			 or places within the health care services facility reasonably accessible to all
			 employees. Notices of election shall be sent by mail to all interested parties
			 no less than ten days prior to the date of the election excluding Saturdays,
			 Sundays and legal holidays. Notices of election shall contain the following
			 information; the date of election, hours and place of election, a list of
			 employees eligible to vote, a description of the bargaining unit and a listing
			 of employee organizations from which eligible employees may choose by ballot as
			 well as a choice that such employees do not wish to be represented by any
			 bargaining representative.
(2)
			 Employee shall be deemed eligible to vote in an election for the certification
			 of an exclusive bargaining representative of the employees of an appropriate
			 bargaining unit who are regularly employed within the bargaining unit, either
			 full or part time, and who are in the employ of the employer within fourteen
			 days prior to the date of the issuance of the notice of election and on the
			 date of election, except, supervisors as defined in section 2, subsection 5 of
			 the act, and guards as defined in section 2, subsection 6 of the act, unless
			 the bargaining unit is exclusively devoted to employees serving in the capacity
			 of guards. Employees otherwise eligible to vote in a certification election may
			 be permitted to vote by absentee ballot upon the filing of an affidavit with
			 the authorized agent indicating that such person is eligible to vote in the
			 certification election and that by reason of physical incapacity will be unable
			 to be present at the balloting place on the date of election. The casting of
			 ballots in a representation election by proxy will not be permitted.
(3) Each of the interested parties may
			 designate one person as observer at the polls. Unless otherwise stipulated by
			 the interested parties, observers must be nonsupervisory employees of the
			 health care activities employer.
(4) Any observer, or the authorized agent,
			 for good cause may challenge any employee's eligibility to vote. A challenged
			 ballot shall be placed in an envelope bearing no identifying marks. It shall be
			 placed in another envelope upon which shall be written the name of the employee
			 desiring to cast a ballot, the reasons for which the ballot was challenged, by
			 whom it was challenged, the polling place at which it was challenged, and the
			 envelope shall be sealed and initialed by the authorized agent.
(5) The challenged ballots previously placed
			 in separate envelopes shall be placed in a sealed envelope marked "challenged
			 ballots" and sent along with the tally sheet to the authorized agent. The
			 challenged ballots shall not be opened or counted unless the counting of such
			 ballots might affect the results of the election. If the challenged ballots
			 might affect the results of the election, the authorized agent shall conduct an
			 investigation into and if requested conduct a formal hearing on the validity of
			 the challenges made. If it is concluded that the challenge was properly made,
			 that ballot shall be excluded from the count. Otherwise, such ballot shall be
			 counted as cast.
(6) Ballots may
			 not be tallied until after the time for the closing of the polls unless all
			 eligible voters have cast their ballot.
(7) Within five days after the tally of the
			 ballots has been furnished, any party may file with the authorized agent an
			 original and three copies of objections to the conduct of the election, or
			 conduct affecting the results of the election, which shall contain a short
			 factual statement of the reasons for the objections. Such filing must be
			 timely, whether or not the challenged ballots are sufficient in number to
			 affect the results of the election. Copies of such objections shall immediately
			 be served by mail upon the other parties by the party filing them. If
			 objections are filed to the conduct of the election, or conduct affecting the
			 result of the election, the authorized agent shall investigate such objections.
			 If the objections to the conduct of the election were sustained and the
			 objections would affect the results of the election, the authorized agent, if
			 requested by one of the interested parties, shall conduct a formal
			 hearing.
Order 72-13, § 296-133-200, filed
				  7/31/72.