reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-255 - Interest arbitration-Expenses of arbitration

Current through Register Vol. 24-14, July 15, 2024
Each party shall pay the expenses of presenting its own case
				and the expenses and fees of its arbitration panel member, if any. The expenses
				of witnesses must be paid by the party producing them. The fees and traveling
				expenses of a neutral chairperson appointed under WAC
				391-55-210(1) or
				(3), along with any costs for lists of
				arbitrators and for a recording or transcription of the proceedings, must be
				shared equally between the parties. The fees and traveling expenses of a
				neutral chairperson appointed under WAC
				391-55-210(2),
				along with the costs of a recording of the proceedings but not a transcription
				or the services of a court reporter, must be paid by the agency.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-255, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.450. 99-14-060, §
										391-55-255, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-255, filed 3/20/96,
				  effective 4/20/96. 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), §
										391-55-255, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-265 - Interest arbitration-Suspension of arbitration pending outcome of unfair labor practice proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The executive
			 director shall suspend the certification of some or all issues under WAC
			 391-55-200, as follows:
(a) A party which claims that a proposal
			 being advanced to interest arbitration is not a mandatory subject of collective
			 bargaining must communicate its concerns to the other party during bilateral
			 negotiations or mediation or both. If the party advancing the proposal does not
			 withdraw the proposal or modify it to eliminate the claimed nonmandatory
			 subject of bargaining, the objecting party must file a complaint charging
			 unfair labor practices under chapter 391-45 WAC before the conclusion of the
			 interest arbitration proceedings.
(b) A party which claims that the other party
			 to negotiations subject to interest arbitration has violated the collective
			 bar-gaining obligations imposed by
			 RCW
			  41.56.030(4) must file a
			 complaint charging unfair labor practices under chapter 391-45 WAC before the
			 conclusion of the interest arbitration proceedings.
(c) If a cause of action statement is issued
			 under WAC
			 391-45-110 for a complaint filed
			 under (a) or (b) of this subsection, a final ruling on the unfair labor
			 practice complaint must be made before any determination is made in interest
			 arbitration on the disputed issue or issues.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-300 - Fact-finding

Current through Register Vol. 24-14, July 15, 2024
If a dispute has not been settled after bilateral negotiations
				and mediation, fact-finding may be initiated. A party may request the
				appointment of a fact finder by giving written notice to the agency, the
				mediator, and the opposite party.
(1)
			 For disputes involving educational employees under chapter 41.59 RCW who have
			 made a request for the appointment of a fact finder, a period of 10 days of
			 mediation must have elapsed. The parties may, by agreement made at any time
			 before the appointment of a fact finder, extend the period for mediation or
			 authorize the mediator to determine when mediation has been exhausted so as to
			 warrant the initiation of fact-finding.
(2) For disputes involving state civil
			 service employees under chapter 41.80 RCW, fact-finding must be initiated if
			 resolution is not reached through mediation by 100 days beyond the expiration
			 date of a contract previously negotiated under that chapter or 100 days from
			 the initiation of mediation if no such contract exists.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-300, filed 1/31/08,
				  effective 4/1/08. 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), §
										391-55-300, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-302 - Special provision - Educational employees

Current through Register Vol. 24-14, July 15, 2024
WAC
				391-55-310 through
				391-55-355 are not applicable to
				negotiations between educational employees and employers conducted under
				RCW
				 28A.657.050.
Statutory Authority:
				  RCW
				  28A.657.050,
				  41.56.090,
				  41.58.050, and
				  41.59.110. 10-20-172, §
										391-55-302, filed 10/6/10,
				  effective 11/6/10.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-310 - Selection of fact finder

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the
			 submission of a timely request for fact-finding, the parties shall meet within
			 seven days to attempt to select a fact finder.
(a) The parties may agree to designate the
			 mediator as fact finder.
(b) If the
			 parties agree on a fact finder, they shall obtain a commitment to serve and
			 notify the executive director of the identity of the fact finder.
(c) If the parties are unable to agree on a
			 fact finder within seven days, they shall immediately notify the executive
			 director.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-315 - Conduct of fact-finding proceedings-Waiver of objections

Current through Register Vol. 24-14, July 15, 2024
Proceedings must be conducted as provided in WAC
				391-55-300 through
				391-55-355. The fact finder shall
				interpret and apply all rules relating to the powers and duties of the fact
				finder. Any party that proceeds with fact-finding after knowledge that any
				provision or requirement of these rules has not been complied with and that
				fails to state its objection in writing is deemed to have waived its right to
				object.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-315, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.59.120. 99-14-060, §
										391-55-315, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-315, filed 3/20/96,
				  effective 4/20/96. 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), §
										391-55-315, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-320 - Submission of proposals for fact-finding

Current through Register Vol. 24-14, July 15, 2024
At least seven days before the date of the fact-finding
				hearing, each party shall submit to the fact finder and to the other party
				written proposals on all of the issues it intends to submit to fact-finding.
				Parties are not entitled to submit issues that were not among the issues
				mediated under WAC
				391-55-070.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-320, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.59.120. 99-14-060, §
										391-55-320, filed 7/1/99,
				  effective 8/1/99. 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), §
										391-55-320, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-321 - Fact-finding prehearing conference

Current through Register Vol. 24-14, July 15, 2024
The fact finder may, upon the fact finder's own motion or upon
				request of a party, convene a prehearing conference.
(1) The purpose of a prehearing conference is
			 to consider any one or more of the following:
(a) Simplification of issues;
(b) Identification of evidence or supporting
			 documentation that either one party or both may be required to bring to the
			 hearing;
(c) Limitations on the
			 number and consolidation of the examination of witnesses;
(d) Procedural matters; and
(e) Any other matters that may aid in the
			 disposition or settlement of the case.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-325 - Fact-finding hearing

Current through Register Vol. 24-14, July 15, 2024
The fact finder shall establish a date, time, and place for a
				hearing. The fact-finding hearing is open to the public unless otherwise agreed
				by the parties. For good cause shown, the fact finder may adjourn the hearing
				upon the request of a party or upon the fact finder's own initiative. The
				parties may waive oral hearing by written agreement.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-325, filed 1/31/08,
				  effective 4/1/08. 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), §
										391-55-325, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-330 - Order of proceedings and evidence

Current through Register Vol. 24-14, July 15, 2024
The order of presentation at the fact-finding hearing must be
				as agreed by the parties or as determined by the fact finder. The fact finder
				is the judge of the relevancy of the evidence. All evidence must be taken in
				the presence of all parties, unless a party is absent in default or has waived
				its right to be present. Each documentary exhibit must be submitted to the fact
				finder and copies must be provided to the other parties. The exhibits must be
				retained by the fact finder until an agreement has been signed, after which
				they may be disposed of as agreed by the parties or as ordered by the fact
				finder.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-330, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.59.120. 99-14-060, §
										391-55-330, filed 7/1/99,
				  effective 8/1/99. 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), §
										391-55-330, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-335 - Fact-finding in the absence of a party

Current through Register Vol. 24-14, July 15, 2024
The fact finder may proceed in the absence of any party that,
				after due notice, fails to be present or fails to obtain an adjournment. Fact
				finders shall treat any subject on which one party has taken a position that it
				is not a mandatory subject for bargaining in accordance with this rule.
				Findings of fact and recommendations may not be made solely on the default of a
				party, and the fact finder may require the participating party to submit
				evidence as may be required for making of the findings of fact and
				recommendations.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-335, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.59.120. 99-14-060, §
										391-55-335, filed 7/1/99,
				  effective 8/1/99. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 81-02-034
				  (Order 81-01), §
										391-55-335, filed
				  1/6/81.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-340 - Closing of fact-finding hearings

Current through Register Vol. 24-14, July 15, 2024
The fact finder will declare the hearing closed after the
				parties have completed presenting any testimony or exhibits and submission of
				briefs or closing arguments within the time limits as mutually agreed
				upon.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-340, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.59.120. 99-14-060, §
										391-55-340, filed 7/1/99,
				  effective 8/1/99. 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), §
										391-55-340, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-345 - Findings of fact and recommendations

Current through Register Vol. 24-14, July 15, 2024
Within 30 days after appointment, the fact finder shall provide
				the parties and the executive director with written findings of fact and
				recommendations. The findings and recommendations of the fact finder are not
				subject to appeal to the commission. Fact finders may rule only on the
				reasonability of the proposals advanced in the context of the whole of the
				negotiations between the parties and may not rule on whether a subject or
				proposal in dispute is a mandatory subject for collective bargaining.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-345, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.59.120. 98-14-112, §
										391-55-345, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-55-345, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 81-02-034
				  (Order 81-01), §
										391-55-345, filed
				  1/6/81.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-350 - Responsibility of parties after fact-finding

Current through Register Vol. 24-14, July 15, 2024
The parties are entitled to consider the fact finder's
				recommendations privately before they are made public.
(1) For cases under chapter 41.59 RCW, within
			 five days after the findings of fact and recommendations have been issued, the
			 parties shall notify the agency and each other whether they accept the
			 recommendations of the fact finder.
(2) For cases under chapter 41.80 RCW, within
			 10 days after the findings of fact and recommendations have been issued, the
			 parties shall notify the agency and each other whether they accept the
			 recommendations of the fact finder.
(3) If the recommendations of the fact finder
			 are rejected by one or both parties and their further efforts do not result in
			 an agreement, either party may ask the agency to provide further mediation and,
			 upon the concurrence of the other party, the agency shall assign a
			 mediator.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-350, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.59.120. 00-14-048, §
										391-55-350, filed 6/30/00,
				  effective 8/1/00; 99-14-060, §
										391-55-350, filed 7/1/99,
				  effective 8/1/99. 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), §
										391-55-350, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-355 - Expenses of fact-finding

Current through Register Vol. 24-14, July 15, 2024
Each party shall pay the expenses of presenting its own case.
				The expenses of witnesses must be paid by the party producing them. The fees
				and expenses of a fact finder must be paid as follows:
(1) A fact finder appointed by the agency
			 from the agency staff under WAC
			 391-55-310(2)(a)
			 must be paid by the agency.
(2) A
			 fact finder selected from the dispute resolution panel or some other source
			 must be paid by the parties, in equal shares.
Statutory Authority:
				  RCW
				   41.58.050,
				  41.59.110,
				  41.80.090. 08-04-059, §
										391-55-355, filed 1/31/08,
				  effective 4/1/08. 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), §
										391-55-355, 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), §
										391-55-355, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-365 - Advisory opinion

Current through Register Vol. 24-14, July 15, 2024
For bargaining units eligible for interest arbitration under
				RCW
				 41.56.028,
				41.56.029,
				41.56.030(14),
				41.56.475,
				41.56.492,
				41.56.496,
				41.56.510,
				41.56.516,
				41.80.200,
				41.80.310,
				47.64.300, or
				74.39A.270(2)(c),
				during negotiations for a successor agreement if a dispute arises concerning
				the scope of what is eligible to be bargained (i.e., mandatory or nonmandatory
				subjects of bargaining), either party may request an advisory opinion from the
				executive director through the following process:
(1) During the course of negotiations or
			 mediation, upon receipt of any proposal that one party believes may constitute
			 a nonmandatory subject of bargaining, the receiving party must put the other
			 party on notice of the belief that the proposal submitted is
			 nonmandatory.
(2) A cooling-off
			 period must be invoked during which both parties must discuss the alleged
			 nonmandatory proposal(s) in at least one subsequent bargaining or mediation
			 session.
(3) If, after the
			 cooling-off period, the offering party does not withdraw or modify the
			 proposal(s) to eliminate any nonmandatory elements, either party may request an
			 advisory opinion from the executive director. The request must be filed with
			 the agency and served on all parties as required by WAC
			 391-08-120.
(4) With any request for an advisory opinion,
			 the requesting party shall include only the following documentation and written
			 materials:
(a) A copy of the proposal(s)
			 alleged to be nonmandatory;
(b) A
			 certification from the party's chief negotiator that objections to the alleged
			 nonmandatory proposal(s) were raised during bilateral negotiations or mediation
			 and that the cooling-off period was invoked;
(c) A brief statement (not exceeding five
			 pages, double spaced, 12-point type) detailing the reasons why the party
			 believes the proposal(s) to be mandatory or nonmandatory;
(d) A copy of any legal material supporting
			 the alleged nonmandatory nature of the proposal(s), including statutory or
			 regulatory provisions, case decisions, or related legal materials.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-001 - Scope-Contents-Other rules

Current through Register Vol. 24-14, July 15, 2024
This chapter governs proceedings relating to arbitration of
				grievance disputes arising out of the interpretation or application of a
				collective bargaining agreement 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, §
										391-65-001, 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, §
										391-65-001, filed 6/22/01,
				  effective 8/1/01; 99-14-060, §
										391-65-001, filed 7/1/99,
				  effective 8/1/99. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-050
				  (Order 80-9), §
										391-65-001, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-002 - 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,
				  41.80.130, and
				  49.39.060. 12-05-066, §
										391-65-002, 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,
				  41.80.130, and
				  49.39.060. 10-20-172, §
										391-65-002, 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, §
										391-65-002, filed 1/14/03,
				  effective 2/14/03. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 99-14-060, §
										391-65-002, filed 7/1/99,
				  effective 8/1/99. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 83-24-036 (Order
				  83-06), §
										391-65-002, 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. 80-14-050
				  (Order 80-9), §
										391-65-002, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-010 - Grievance arbitration request-Who may file

Current through Register Vol. 24-14, July 15, 2024
If the parties agree to arbitrate, a request for appointment
				of an arbitrator to hear and determine issues arising out of the interpretation
				or application of a collective bargaining agreement may 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 and
				  41.56.125. 99-14-060, §
										391-65-010, filed 7/1/99,
				  effective 8/1/99. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-050
				  (Order 80-9), §
										391-65-010, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-030 - Request for grievance arbitration-Filing and service

Current through Register Vol. 24-14, July 15, 2024
A request for appointment of a grievance arbitrator 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). If the request is not filed jointly, the
				party filing the request shall serve a copy on the other party to the
				collective bargaining agreement under which the dispute arises, 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 and
				  41.56.125. 99-14-060, §
										391-65-030, filed 7/1/99,
				  effective 8/1/99. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050, 34.50.413 and
				  41.56.125. 96-07-105, §
										391-65-030, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-050
				  (Order 80-9), §
										391-65-030, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-050 - Contents of request filing forms

Current through Register Vol. 24-14, July 15, 2024
Each completed grievance arbitrator request 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 to
			 the dispute, including:
(a) The name, email
			 address, mailing address, and telephone number of the employer and of the
			 employer's representative;
(b) The
			 name, email address, mailing address, and telephone number of the employee
			 organization and of the employee organization's representative;
(c) A copy of the current or most recent
			 applicable collective bargaining agreement; and
(d) A general description of the employee job
			 classification(s) in the bargaining unit.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-070 - Appointment of staff arbitrator

Current through Register Vol. 24-14, July 15, 2024
Upon concurrence of the parties or upon the submission of a
				joint request, a member of the agency staff will be assigned as grievance
				arbitrator. The parties are not permitted to select a grievance arbitrator from
				a list of agency staff members or to exercise a right of rejection on
				appointments made under this section. However, the parties may jointly express
				a preference for appointment of one or more staff members as their arbitrator,
				and their request will be considered in making the assignment. Upon the
				submission of a request by one party for the appointment of a member of the
				agency staff as grievance arbitrator, the agency will determine whether the
				other party to the collective bargaining agreement concurs in the appointment
				of a staff arbitrator. In the absence of concurrence, the agency will notify
				the requesting party of the lack of concurrence and close the case if
				concurrence is not provided within a reasonable time.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.125. 00-14-048, §
										391-65-070, filed 6/30/00,
				  effective 8/1/00; 99-14-060, §
										391-65-070, filed 7/1/99,
				  effective 8/1/99. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-050
				  (Order 80-9), §
										391-65-070, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-072 - Special provision - Educational employees

Current through Register Vol. 24-14, July 15, 2024
The agency does not appoint members of the agency staff as
				arbitrators in grievance arbitration proceedings under
				chapter
				41.59
				RCW.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-050
				  (Order 80-9), §
										391-65-072, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-073 - Special provision - Academic employees

Current through Register Vol. 24-14, July 15, 2024
The agency does not appoint members of the agency staff as
				arbitrators in grievance arbitration proceedings under chapter 28B.52
				RCW.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-050
				  (Order 80-9), §
										391-65-073, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-075 - 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, §
										391-65-075, filed 2/15/12,
				  effective 3/17/12.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-090 - Designation of panel of arbitrators

Current through Register Vol. 24-14, July 15, 2024
Upon the request of a party, the agency shall provide a list of
				arbitrators from the dispute resolution panel in accordance with WAC
				391-75-020(1).
				The parties must select an arbitrator under the procedures specified in WAC
				391-75-020(2).
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.125. 99-14-060, §
										391-65-090, filed 7/1/99,
				  effective 8/1/99. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-050
				  (Order 80-9), §
										391-65-090, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-110 - Conduct of proceedings

Current through Register Vol. 24-14, July 15, 2024
The arbitrator assigned or selected shall conduct the
				arbitration proceedings in the manner provided in the collective bargaining
				agreement under which the dispute arises, subject to the following:
(1) Arbitration cases handled by members of
			 the agency staff must be kept in the public files maintained by the
			 agency.
(2) Except as provided in
			 subsection (1) of this section, all arbitrators shall maintain compliance with
			 the "Code of Professional Responsibility for Arbitrators of Labor-Management
			 Disputes" as last amended with approval of the Federal Mediation and
			 Conciliation Service.
(3) Rulings,
			 actions, and decisions issued by staff arbitrators under this chapter are not
			 subject to appeal to the commission.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050, 41.58.065,
				  41.59.110,
				  41.76.060,
				  41.80.130, and
				  49.39.060. 12-05-066, §
										391-65-110, 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,
				  41.80.080. 08-04-059, §
										391-65-110, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060 and
				  41.56.125. 03-03-064, §
										391-65-110, filed 1/14/03,
				  effective 2/14/03. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.125. 99-14-060, §
										391-65-110, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-65-110, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-050
				  (Order 80-9), §
										391-65-110, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-130 - Grievance arbitration - Award

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
				  41.56.125. 99-14-060, §
										391-65-130, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-65-130, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-050
				  (Order 80-9), §
										391-65-130, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-65 - Grievance arbitration rules › Section 391-65-150 - Expenses of arbitration

Current through Register Vol. 24-14, July 15, 2024
Each party shall pay the expenses of presenting its own case
				and the expenses and fees of its arbitration panel member, if any. The expenses
				of witnesses must be paid by the party producing them. The agency shall pay the
				salary and expenses of a staff member assigned under WAC
				391-65-070, but the agency shall
				not pay any costs for recording or transcription of proceedings or any other
				expenses of the proceedings. The parties shall pay the fees and expenses of a
				dispute resolution panel member selected under WAC
				391-65-090, as provided in WAC
				391-75-020.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.080. 08-04-059, §
										391-65-150, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.125. 99-14-060, §
										391-65-150, filed 7/1/99,
				  effective 8/1/99. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-050
				  (Order 80-9), §
										391-65-150, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-75 - Dispute resolution panel and law enforcement arbitrator roster › Section 391-75-010 - Dispute resolution panel-Membership

Current through Register Vol. 24-14, July 15, 2024
The agency shall maintain a panel of individuals qualified to
				serve in an impartial capacity in the resolution of labor disputes.
(1) Applicants for membership on the dispute
			 resolution panel shall demonstrate minimum background and experience equal to
			 the minimum qualifications for the working level positions on the agency staff:
(a) A master's degree in labor relations,
			 personnel management, industrial relations, or closely allied field, or a law
			 degree;
(b) At least three years of
			 experience in collective bargaining with major work assignments in
			 negotiations, contract administration, or related work as a union or management
			 representative, mediator, arbitrator, or educator in the above areas;
			 and
(c) Additional qualifying
			 experience may substitute, year for year, for education.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-75 - Dispute resolution panel and law enforcement arbitrator roster › Section 391-75-020 - Dispute resolution panel-Referral and selection procedures

Current through Register Vol. 24-14, July 15, 2024
(1) All referrals from the dispute resolution
			 panel are made by random selection from among the panel members eligible for
			 the type of proceeding involved, subject to the following:
(a) If the parties do not specify the number
			 of names requested, the agency will supply seven names.
(b) Where the parties request a specific
			 number of names, the agency will supply the number requested.
(c) The agency will post on its website at
www.perc.wa.gov
biographical information,
			 including background, qualifications, and experience, for each of the
			 arbitrators on the list supplied to the parties.
(d) The agency will supply the parties with a
			 second list or additional name(s) upon submission of their joint written
			 request.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-75 - Dispute resolution panel and law enforcement arbitrator roster › Section 391-75-040 - Law enforcement arbitrator roster-Membership

Current through Register Vol. 24-14, July 15, 2024
The agency shall maintain a roster of nine to 18 individuals
				qualified to serve in an impartial capacity for disputes involving law
				enforcement personnel disciplinary actions that are submitted to binding
				grievance arbitration under an existing collective bargaining agreement.
(1) In addition to the qualifications set
			 forth in RCW  41.58.070(4),
			 applicants for membership on the law enforcement arbitrator roster shall
			 provide at least five letters of recommendation supporting their acceptability
			 as an impartial from:
(a) At least two
			 management representatives;
(b) At
			 least two union representatives; and
(c) At least one impartial arbitrator,
			 mediator, or labor relations administrative agency official.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-75 - Dispute resolution panel and law enforcement arbitrator roster › Section 391-75-060 - Ethical standards

Current through Register Vol. 24-14, July 15, 2024
Whenever it appears to the commission that an applicant or
				member of the dispute resolution panel or law enforcement arbitrator roster has
				failed or refused to comply with applicable statutes, rules, and ethical
				standards, the application must be rejected or the member must be removed from
				the dispute resolution panel or law enforcement arbitrator roster. A member
				must also be removed from the dispute resolution panel or law enforcement
				arbitrator roster if the member has:
(1) Ceased accepting appointments as an
			 impartial in the resolution of labor disputes;
(2) Failed to keep the agency informed of the
			 member's current email address, mailing address, and telephone number;
			 or
(3) Failed to follow ethical
			 standards and procedures as set forth in the "Code of Professional
			 Responsibility for Arbitrators of Labor Management Disputes" as approved by the
			 National Academy of Arbitrators, the Federal Mediation and Conciliation
			 Service, and the American Arbitration Association.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-75 - Dispute resolution panel and law enforcement arbitrator roster › Section 391-75-070 - Impartiality

Current through Register Vol. 24-14, July 15, 2024
Persons referred from the dispute resolution panel or law
				enforcement arbitrator roster shall be impartial. No active member of the
				dispute resolution panel or law enforcement arbitrator roster may serve in any
				capacity as an advocate or representative for either labor or management in
				labor relations matters. Any member of the panel or roster who intends to
				engage in advocacy work shall notify the executive director and will be placed
				on inactive status while their advocacy work continues.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-75 - Dispute resolution panel and law enforcement arbitrator roster › Section 391-75-080 - Disclosure

Current through Register Vol. 24-14, July 15, 2024
Before accepting an appointment as an arbitrator from either
				the dispute resolution panel or the law enforcement arbitrator roster, or as
				soon as information giving rise to a problem of appearance of fairness becomes
				known, a person serving in an impartial capacity shall disclose to the parties
				and to the executive director any circumstances likely to create an appearance
				of bias or which might disqualify that person from serving in the impartial
				capacity. Employment of the person or any member of their immediate family by
				any party is disqualifying. Each party to the proceeding shall immediately
				notify the executive director and the appointee or selectee whether it is
				willing to waive disqualification. If either party declines to waive the
				disqualification, the appointment must be vacated.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-001 - Scope - Contents - Other rules

Current through Register Vol. 24-14, July 15, 2024
This chapter governs proceedings before the public employment
				relations commission on disputes concerning the right of nonassociation under
				the union security provisions of certain chapters of the Revised Code of
				Washington (RCW) administered by the commission. The provisions of this chapter
				should be read in conjunction with:
(1)Chapter 10-08 WAC, which contains the
			 model rules of procedure promulgated by the chief administrative law judge to
			 regulate adjudicative proceedings under
			 chapter
			 34.05 RCW, except:
(a) WAC
			 10-08-035, which is replaced by
			 detailed requirements in WAC
			 391-95-110;
(b) WAC
			 10-08-050, which relates to office
			 of administrative hearings procedures inapplicable to proceedings before the
			 public employment relations commission;
(c) WAC
			 10-08-211, which is replaced by
			 detailed requirements in WAC
			 391-95-270 and
			 391-95-290; and
(d) WAC
			 10-08-230, which is replaced by
			 detailed requirements in WAC
			 391-95-170.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-002 - Sequence and numbering of rules - Special provisions

Current through Register Vol. 24-14, July 15, 2024
This chapter of the Washington Administrative Code is designed
				to regulate proceedings under a number of different chapters of the Revised
				Code of Washington. General rules are set forth in sections with numbers
				divisible by ten. Where a deviation from the general rule is required for
				conformity with a particular statute, that special provision is set forth in a
				separate rule numbered as follows:
(1)
			 Special provisions relating to
			 chapter
			 41.56 RCW (Public
			 Employees' Collective Bargaining Act) and to chapter 53.18 RCW (port employees)
			 are set forth in WAC sections numbered one digit greater than the general rule
			 on that subject matter.
(2) Special
			 provisions relating to
			 chapter
			 41.59 RCW (Educational
			 Employment Relations Act) are set forth in WAC sections numbered two digits
			 greater than the general rule on that subject matter.
(3) Special provisions relating to chapter
			 28B.52 RCW (Collective bargaining -- Academic personnel in community colleges)
			 are set forth in WAC sections numbered three digits greater than the general
			 rule on that subject matter.
(4)
			 Special provisions relating to chapter 47.64 RCW (Marine employees -- Public
			 employment relations) are set forth in WAC sections numbered four digits
			 greater than the general rule on that subject matter.
(5) Special provisions relating to
			 RCW
			  41.06.340 and/or chapter 41.80 RCW (Personnel
			 System Reform Act) are set forth in WAC sections numbered six digits greater
			 than the general rule on that subject matter.
(6) Special provisions relating to chapter
			 41.76 RCW (faculty at public four-year institutions of higher education) are
			 set forth in WAC sections numbered seven digits greater than the general rule
			 on that subject matter.
(7) Special
			 provisions relating to chapter 49.39 RCW (Symphony musicians) and
			 chapter
			 49.08 RCW (private sector
			 and other employees) are set forth in WAC sections numbered nine digits greater
			 than the general rule on that subject matter.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.06.340,
				  41.56.090,
				  41.58.050, 41.58.065,
				  41.59.110,
				  41.76.060, and
				  49.39.060. 12-05-066, §
										391-95-002, filed 2/15/12,
				  effective 3/17/12.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-010 - Notice of union security obligation

Current through Register Vol. 24-14, July 15, 2024
(1) With respect to union security
			 obligations contained within a collective bargaining agreement negotiated under
			 chapter 28B.52,
			 41.56,
			 41.59, 41.76, or 41.80 RCW, this
			 commission's jurisdiction is limited to resolving disputes regarding an
			 employee's right to assert nonassociation.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.100. 08-04-058, §
										391-95-010, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060,
				  28B.52.045,
				  41.56.122,
				  41.59.100,
				  41.76.045 and
				  41.80.100. 03-03-064, §
										391-95-010, filed 1/14/03,
				  effective 2/14/03. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.045,
				  41.56.122 and
				  41.59.100. 00-14-048, §
										391-95-010, filed 6/30/00,
				  effective 8/1/00; 90-06-075, §
										391-95-010, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.58.050,
				  41.56.090 and
				  41.59.110. 88-12-058 (Order
				  88-10), §
										391-95-010, filed 5/31/88.
				  Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-051
				  (Order 80-10), §
										391-95-010, filed 9/30/80,
				  effective 11/1/80.