reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-260 - Settlement mediation

Current through Register Vol. 24-14, July 15, 2024
A settlement mediation concerning substantive issues may be
				held under WAC
				10-08-200(15).
(1) A different case number is assigned, and
			 all documents for the settlement mediation are kept in a case separate from the
			 documents in the unfair labor practice proceedings.
(2) An agency staff member other than the
			 assigned examiner is assigned to explore settlement between the parties on the
			 substantive issues.
(3) A
			 settlement mediation may be held at any time before issuance of a decision by
			 an examiner in the underlying unfair labor practice proceedings.
(4) During a settlement mediation, the
			 parties will be encouraged, on factual and legal grounds including precedent on
			 the particular subject, to resolve the unfair labor practice dispute.
(5) Participation in a settlement mediation
			 is voluntary and nothing in this rule prohibits parties from exploring
			 settlement on their own. Refusal by a party to participate in a voluntary
			 settlement mediation does not prejudice that party in any manner.
(6) Conversations had and offers made in a
			 settlement mediation are not admissible into evidence at a hearing.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.080. 08-04-059, §
										391-45-260, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  34.05.431,
				  41.56.160 and
				  41.59.150. 00-14-048, §
										391-45-260, filed 6/30/00,
				  effective 8/1/00; 96-07-105, §
										391-45-260, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.073,
				  41.56.160,
				  41.59.150 and
				  53.18.015. 90-06-074, §
										391-45-260, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.58.050,
				  41.56.090 and
				  41.59.110. 88-12-056 (Order
				  88-05), §
										391-45-260, filed
				  5/31/88.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-270 - Hearings-Reopening of hearing

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Hearings are public, unless a protective order is issued under WAC
			 10-08-200(7), and
			 are limited to the portions of a complaint found to state a cause of action
			 under WAC
			 391-45-110.
(a) The complainant is responsible for the
			 presentation of its case and has the burden of proof.
(b) The respondent is responsible for the
			 presentation of its defense and has the burden of proof as to any affirmative
			 defenses.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-290 - Posthearing briefs

Current through Register Vol. 24-14, July 15, 2024
(1) Any party may,
			 upon request made before the close of the hearing, file a posthearing
			 brief.
(2) The examiner may direct
			 the filing of briefs as to any or all of the issues in a case.
(3) Arrangements and due dates for briefs are
			 established by the examiner.
(4)
			 Any brief must be filed and served as required by WAC
			 391-08-120.
(5) 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;
			 and
(b) The examiner grants the
			 motion for good cause shown.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-310 - Motions for discretionary review-Examiner decisions

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) A
			 party seeking review by the commission of an interlocutory decision of the
			 executive director, the executive director's designee, or an examiner must file
			 a motion for discretionary review with the commission and a copy with the
			 person who issued the interlocutory decision within seven days after the
			 decision is issued.
(b)
			 Discretionary review of an interlocutory decision issued by the executive
			 director, the executive director's designee, or an examiner will be accepted by
			 the commission only:
(i) If the executive
			 director, the executive director's designee, or the examiner has committed an
			 obvious error that would render further proceedings useless;
(ii) If the executive director, the executive
			 director's designee, or the examiner has committed probable error and the
			 interlocutory decision substantially alters the status quo or substantially
			 limits the freedom of a party to act; or
(iii) If the executive director, the
			 executive director's designee, or the examiner has so far departed from the
			 accepted and usual course of administrative proceedings as to call for
			 immediate review by the commission.
(c) The commission will not accept motions
			 for discretionary review of:
(i) The scope of
			 proceedings issued in a cause of action statement under WAC
			 391-45-110;
(ii) Application of the six-month statute of
			 limitations; or
(iii) Any
			 evidentiary ruling by an examiner during the course of a
			 hearing.
(d) If a motion
			 for discretionary review is filed, the due date for any response is seven days
			 following the date on which a party wishing to file a response is served with
			 the motion. Responses must be filed and served as required by WAC
			 391-08-120.
(e) A motion for discretionary review, and
			 any response, should not exceed 15 pages (double-spaced, 12-point type)
			 excluding appendices.
(f) Denial of
			 discretionary review of a decision does not affect the right of a party to
			 obtain later review of the interlocutory decision or the issues pertaining to
			 that decision.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-330 - Withdrawal or modification of examiner decision

Current through Register Vol. 24-14, July 15, 2024
The examiner may set aside, modify, change, or reverse any
				findings of fact, conclusions of law, or order if any mistake is discovered in
				the decision.
(1) Action may be taken
			 under this section on the examiner's own motion or on a written motion filed
			 and served by any party as required by WAC
			 391-08-120.
(2) Action may only be taken under this
			 section within 10 days following issuance of the decision.
(3) This section is inoperative after the
			 filing of an appeal to the commission.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050. 00-14-048, §
										391-45-330, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-45-330, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-45-330, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.073, 41.56.180,
				  41.59.150 and
				  53.18.015. 90-06-074, §
										391-45-330, 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. 80-14-048
				  (Order 80-7), §
										391-45-330, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-350 - Appeals

Current through Register Vol. 24-14, July 15, 2024
An order issued under WAC
				391-45-110(1) or
				391-45-310 and any rulings in the
				proceedings up to the issuance of the order 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 391-45 - Unfair labor practice case rules › Section 391-45-390 - Commission action on appeals

Current through Register Vol. 24-14, July 15, 2024
If an order is appealed under WAC
				391-45-350, 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 appeal and issue appropriate
				orders.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.065,
				  34.05.464,
				  41.56.160 and
				  41.59.150. 00-14-048, §
										391-45-390, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-45-390, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.073, 41.56.180,
				  41.59.150 and
				  53.18.015. 90-06-074, §
										391-45-390, 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. 80-14-048
				  (Order 80-7), §
										391-45-390, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-394 - 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, §
										391-45-394, filed 2/15/12,
				  effective 3/17/12.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-410 - Unfair labor practice remedies-Back pay

Current through Register Vol. 24-14, July 15, 2024
If an unfair labor practice is found to have been committed,
				the commission or an examiner shall issue a remedial order. In calculating back
				pay orders, the following applies:
(1)
			 Individuals reinstated to employment with back pay must have deducted from any
			 amount due an amount equal to any earnings the employee may have received
			 during the period of the violation in substitution for the terminated
			 employment, calculated on a quarterly basis.
(2) Individuals reinstated to employment with
			 back pay must have deducted from any amount due an amount equal to any
			 unemployment compensation benefits the employee may have received during the
			 period of the violation, and the employer shall provide evidence to the agency
			 that the deducted amount has been repaid to the Washington state department of
			 employment security as a credit to the benefit record of the
			 employee.
(3) Money amounts due are
			 subject to interest at the rate that would accrue on a civil judgment of the
			 Washington state courts from the date of the violation to the date of
			 payment.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.073,
				  41.56.160,
				  41.59.150 and
				  53.18.015. 00-14-048, §
										391-45-410, filed 6/30/00,
				  effective 8/1/00; 90-06-074, §
										391-45-410, 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. 80-14-048
				  (Order 80-7), §
										391-45-410, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-550 - Collective bargaining-Agency determines mandatory subjects

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the agency to promote collective bargaining
				negotiations between employers and the exclusive representatives of their
				employees. Parties are encouraged to engage in free and open exchange of
				proposals and positions on all matters coming into the dispute between them.
				Whether a particular subject is mandatory or nonmandatory is a question of law
				and fact to be determined by the agency and is not subject to waiver by the
				parties by their action or inaction. It is the policy of the agency that a
				party which engages in collective bargaining with respect to a particular issue
				does not and cannot confer the status of a mandatory subject on a nonmandatory
				subject.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.073,
				  41.56.030(4),
				  41.59.020(2) and
				  53.18.015. 00-14-048, §
										391-45-550, filed 6/30/00,
				  effective 8/1/00; 90-06-074, §
										391-45-550, 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. 80-14-048
				  (Order 80-7), §
										391-45-550, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-552 - Special provision - Educational 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
				  41.59.120. 00-14-048, §
										391-45-552, filed 6/30/00,
				  effective 8/1/00; 90-06-074, §
										391-45-552, 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. 81-02-034
				  (Order 81-01), §
										391-45-552, filed
				  1/6/81.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-001 - Scope-Contents-Other rules

Current through Register Vol. 24-14, July 15, 2024
This chapter governs proceedings relating to the resolution of
				impasses occurring in collective bargaining 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, §
										391-55-001, 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, §
										391-55-001, filed 6/22/01,
				  effective 8/1/01; 99-14-060, §
										391-55-001, 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. 80-14-049
				  (Order 80-8), §
										391-55-001, 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 391-55-002 - 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, 41.56.065 [41.58.065],
				  41.59.110, 41.76.060, 41.80.090, and49.39.060 . 12-05-066, §
										391-55-002, 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,
				  41.80.090, and
				  49.39.060. 10-20-172, §
										391-55-002, 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, §
										391-55-002, 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, §
										391-55-002, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-002, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.58.050,
				  41.56.090 and
				  41.59.110. 88-12-055 (Order
				  88-08), §
										391-55-002, filed 5/31/88.
				  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), §
										391-55-002, 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. 80-14-049
				  (Order 80-8), §
										391-55-002, 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 391-55-010 - Impasses in contract negotiations-Request for contract mediation-Filing and service

Current through Register Vol. 24-14, July 15, 2024
A request for contract mediation 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 dispute,
				as required by WAC
				391-08-120(3) and
				(4). The party or parties requesting contract
				mediation shall provide the following to the agency:
(1) The name, email address, mailing address,
			 and telephone number of the employer and of the employer's
			 representative.
(2) The name, email
			 address, mailing address, and telephone number of the employee organization and
			 of the employee organization's representative.
(3) The parties' contractual relationship,
			 indicating that:
(a) The parties have never
			 had a contract; or
(b) The parties
			 have had a contract, and a copy of the current or most recent collective
			 bargaining agreement is attached.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-020 - Grievance mediation-Request for grievance mediation-Filing and service

Current through Register Vol. 24-14, July 15, 2024
A request for appointment of a grievance mediator 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). The party or parties requesting
				grievance mediation shall provide the following to the agency:
(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;
(d) A general description of the employee job
			 classification(s) in the bargaining unit.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-030 - Assignment of mediator

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
			 submission of a request under WAC
			 391-55-010 or
			 391-55-020, a member of the
			 agency staff will be assigned as mediator at the discretion of the executive
			 director. If the parties have stipulated to the names of one or more persons
			 who are acceptable to both parties as mediator, their request will be
			 considered in making the assignment.
(2) For negotiations involving a bargaining
			 unit eligible for interest arbitration under
			 RCW
			  41.56.028,
			 41.56.029,
			 41.56.475,
			 41.56.510,
			 41.56.516,
			 41.80.200,
			 41.80.310,
			 47.64.300, or
			 74.39A.270(2)(c),
			 if an agreement has not been reached by June 1st of the year in which
			 negotiations occurred, a mediator will be preassigned. The parties are
			 encouraged to meet with the mediator as soon as practicable. For bargaining
			 units eligible for interest arbitration under
			 RCW
			  47.64.300, the parties may still mutually
			 agree to waive mediation under
			 RCW
			  47.64.230.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050. 00-14-048, §
										391-55-030, filed 6/30/00,
				  effective 8/1/00; 99-14-060, §
										391-55-030, 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), §
										391-55-030, 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 391-55-032 - Special provision-Educational employees

Current through Register Vol. 24-14, July 15, 2024
Upon submission of a unilateral request for mediation, the
				executive director shall consider the position of the other party and evaluate
				whether the parties have exchanged and considered one another's proposals and
				whether the intervention of the agency will have a beneficial impact on the
				negotiating process. Before making this determination, the executive director
				or a member of the agency staff may make an on-site investigation and may
				engage in conciliation under the general authority conferred on the agency by
				RCW
				 41.58.020(1). If it appears
				that the assistance of the agency is needed, the executive director shall
				appoint a mediator.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 99-14-060, §
										391-55-032, 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), §
										391-55-032, 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 391-55-050 - Submission of written proposals

Current through Register Vol. 24-14, July 15, 2024
Parties requesting the agency's mediation services are
				encouraged to submit to the assigned mediator, in advance of scheduled
				meetings, copies of their latest written proposals on each issue in dispute as
				well as any written material supporting the identified proposals.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 99-14-060, §
										391-55-050, 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), §
										391-55-050, 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 391-55-070 - Function of mediator

Current through Register Vol. 24-14, July 15, 2024
The mediator may meet with the parties or their
				representatives, or both, either jointly or separately, and may take any steps
				that the mediator deems appropriate to assist the parties in voluntarily
				resolving their differences and effecting an agreement. All persons providing
				mediation services under this chapter shall maintain compliance with the "Code
				of Professional Conduct for Labor Mediators" adopted jointly by the Federal
				Mediation and Conciliation Service of the United States and the Association of
				Labor Relations Agencies.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.030,
				  41.80.090. 08-04-059, §
										391-55-070, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 99-14-060, §
										391-55-070, 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. 80-14-049
				  (Order 80-8), §
										391-55-070, 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 391-55-071 - Special provision - State patrol personnel

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   41.58.050,
				  41.56.090. 08-11-125, §
										391-55-071, filed 5/21/08,
				  effective 6/21/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 99-14-060, §
										391-55-071, filed 7/1/99,
				  effective 8/1/99. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.58.050,
				  41.56.090 and
				  41.59.110. 88-12-055 (Order
				  88-08), §
										391-55-071, filed
				  5/31/88.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-0715 - Special provision - Public employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28A.657.050,
				  41.56.090,
				  41.58.050, and
				  41.59.110. 10-20-172, §
										391-55-0715, 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 391-55-072 - Special provision - Educational employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28A.657.050,
				  41.56.090,
				  41.58.050, and
				  41.59.110. 10-20-172, §
										391-55-072, 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 391-55-090 - Confidential nature of mediation

Current through Register Vol. 24-14, July 15, 2024
Mediation meetings are not open to the public. Confidential
				information acquired by a mediator must not be disclosed to others outside of
				the mediation process for any purpose, and a mediator may not give testimony
				about the mediation in any legal or administrative proceeding.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  5.60.072. 99-14-060, §
										391-55-090, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-090, 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), §
										391-55-090, 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 391-55-110 - Dispute resolution panel - Membership

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.090, and
				  49.39.060. 10-20-172, §
										391-55-110, filed 10/6/10,
				  effective 11/6/10. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 99-14-060, §
										391-55-110, 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. 83-24-035 (Order
				  83-05), §
										391-55-110, 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), §
										391-55-110, 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 391-55-120 - Dispute resolution panel - Referral and selection procedures

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 99-14-060, §
										391-55-120, filed 7/1/99,
				  effective 8/1/99.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-130 - Disclosure

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 99-14-060, §
										391-55-130, 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), §
										391-55-130, 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 391-55-150 - Vacancies

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 99-14-060, §
										391-55-150, 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. 80-14-049
				  (Order 80-8), §
										391-55-150, 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 391-55-200 - Interest arbitration-Certification of issues

Current through Register Vol. 24-14, July 15, 2024
(1) If
			 a dispute involving a bargaining unit 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)
			 has not been settled after a reasonable period of mediation, and the mediator
			 is of the opinion that further efforts will not result in an agreement, the
			 following procedure will be implemented:
(a)
			 The mediator shall notify the parties of the mediator's intention to recommend
			 that the remaining issues in dispute be submitted to interest
			 arbitration.
(b) Within seven days
			 after being notified by the mediator, each party shall submit to the mediator
			 and the other party a written list (including article and section references to
			 the parties' latest collective bargaining agreement, if any) of the issues that
			 the party believes should be advanced to interest arbitration.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-201 - Special provision - Certification of issues - Public employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28A.657.050,
				  41.56.090,
				  41.58.050, and
				  41.59.110. 10-20-172, §
										391-55-201, 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 391-55-202 - Special provision - Certification of issues - Educational employees

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28A.657.050,
				  41.56.090,
				  41.58.050, and
				  41.59.110. 10-20-172, §
										391-55-202, 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 391-55-205 - Interest arbitration-Appointment of partisan arbitrators

Current through Register Vol. 24-14, July 15, 2024
For a dispute involving a bargaining unit eligible for interest
				arbitration under
				RCW
				 41.56.030(14),
				41.56.492, or
				41.56.496 and within seven days
				following the issuance of a certification of issues for interest arbitration
				under WAC
				391-55-200, each party shall name
				one person who is available and willing to serve as its member of the
				arbitration panel and shall notify the opposite party and the executive
				director of the name, email address, mailing address, and telephone number of
				the partisan arbitrator. The partisan arbitrators shall meet within seven days
				following the appointment of the later-appointed member to attempt to choose a
				third member to act as the neutral chairperson of the arbitration panel.
(1) The use of partisan arbitrators is deemed
			 waived if neither party has notified the executive director of its appointee
			 within 14 days following the issuance of a certification of issues for interest
			 arbitration, and the parties' representatives shall then select the neutral
			 chairperson.
(2) A party that has
			 designated a partisan arbitrator may substitute another person as its partisan
			 arbitrator, upon notice to the other party and the executive
			 director.
(3) By mutual agreement,
			 the parties may waive the provisions in this rule and the appointment of
			 partisan arbitrators.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.450. 99-14-060, §
										391-55-205, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-205, filed 3/20/96,
				  effective 4/20/96. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 83-24-035 (Order
				  83-05), §
										391-55-205, 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), §
										391-55-205, 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 391-55-211 - Special provision-Interest arbitration-Selection of neutral chairperson for state

Current through Register Vol. 24-14, July 15, 2024
(1) Preceding the
			 commencement of negotiations for bargaining units eligible for interest
			 arbitration under
			 RCW
			  41.56.028,
			 41.56.029,
			 41.56.475,
			 41.56.510,
			 41.56.516,
			 41.80.200,
			 41.80.310,
			 47.64.300, or
			 74.39A.270(2)(c),
			 but no later than February 1st of each even-numbered year, the parties shall
			 utilize the following procedure to select a neutral chairperson unless an
			 alternative process is specified by law or has been mutually agreed upon by the
			 parties:
(a) If the parties agree on the
			 selection of a neutral chairperson, they shall obtain a commitment from that
			 person to serve and shall notify the executive director of the identity of the
			 chairperson.
(b) If the parties
			 agree to have the agency appoint a staff member as the neutral chairperson,
			 they shall submit a written joint request to the executive director. The
			 parties are not entitled to influence the designation of a neutral chairperson
			 under this subsection and may not, either in writing or by other communication,
			 attempt to indicate any preference for or against any person as the neutral
			 chairperson to be appointed by the agency. Upon the submission of a request,
			 the executive director shall appoint a neutral chairperson from the agency
			 staff.
(c) If the parties desire to
			 select a neutral chairperson from a panel of arbitrators, they shall attempt to
			 agree as to whether the public employment relations commission, the Federal
			 Mediation and Conciliation Service, or the American Arbitration Association
			 will supply the list of arbitrators. If the choice of agency is agreed, either
			 party or the parties jointly shall request a panel of at least five arbitrators
			 specifying that the request is for interest arbitration proceedings under the
			 applicable statute. Referrals and selection from the public employment
			 relations commission's dispute resolution panel must be made as provided in WAC
			 391-75-020. Referrals and
			 selection from other panels must be made under the rules of the agency
			 supplying the list of arbitrators. The parties shall notify the executive
			 director of the identity of the neutral chairperson.
(d) If the parties have not notified the
			 executive director of their selection of a neutral chairperson within 28 days
			 after February 1st of each even-numbered year, or requested an extension of
			 time to complete the selection process, the parties are deemed to have waived
			 the procedures in (a) through (c) of this subsection. The executive director
			 shall issue a list of dispute resolution panel members and the neutral
			 chairperson must be selected as provided in WAC
			 391-75-020.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-55 - Impasse resolution case rules › Section 391-55-215 - Interest arbitration-Conduct of proceedings-Waiver of objections

Current through Register Vol. 24-14, July 15, 2024
Proceedings must be conducted as provided in WAC
				391-55-200 through
				391-55-255. The neutral
				chairperson shall interpret and apply all rules relating to the powers and
				duties of the neutral chairperson. Any party who proceeds with arbitration
				after knowledge that any provision or requirement of these rules has not been
				complied with and who fails to state its objection in writing, is deemed to
				have waived its right to object.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.450. 99-14-060, §
										391-55-215, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-215, 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), §
										391-55-215, 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 391-55-220 - Interest arbitration-Submission of proposals for arbitration

Current through Register Vol. 24-14, July 15, 2024
At least 14 days before the date of the hearing, or no later
				than the next business day after the issuance of the certification if the date
				between certification and hearing is less than 14 days, each party shall submit
				to the members of the panel and to the other party written proposals on all of
				the issues it intends to submit to arbitration. Parties are not entitled to
				submit issues that were not among the issues certified under WAC
				391-55-200.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.450. 99-14-060, §
										391-55-220, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-220, 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), §
										391-55-220, 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 391-55-225 - Interest arbitration-Prehearing conference-Hearing

Current through Register Vol. 24-14, July 15, 2024
(1) The neutral chairperson may, upon the
			 chairperson's own motion or upon request of a party, convene a prehearing
			 conference.
(a) The purpose of a prehearing
			 conference is to consider any one or more of the following:
(i) Simplification of issues;
(ii) The possibility of obtaining
			 stipulations, admissions of fact, and admissions of the genuineness of
			 documents, which will avoid unnecessary proof;
(iii) Limitations on the number and
			 consolidation of the examination of witnesses;
(iv) Procedural matters;
(v) Distribution of written testimony and
			 exhibits to the parties prior to the hearing; and
(vi) 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 391-55-230 - Interest arbitration-Order of proceedings and evidence

Current through Register Vol. 24-14, July 15, 2024
The order of presentation at the hearing must be as agreed by
				the parties or as determined by the neutral chairperson. The neutral
				chairperson 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 neutral chairperson and copies must be provided to the partisan
				arbitrators and to the other parties. The exhibits must be retained by the
				neutral chairperson until an agreement has been signed or until any judicial
				review proceedings have concluded, after which they may be disposed of as
				agreed by the parties or as ordered by the neutral chairperson. The neutral
				chairperson has authority to administer oaths, to require the attendance of
				witnesses, and to require the production of documents that the chairperson may
				deem to be material.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.450. 99-14-060, §
										391-55-230, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-230, 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), §
										391-55-230, 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 391-55-235 - Interest arbitration-Arbitration in the absence of a party

Current through Register Vol. 24-14, July 15, 2024
The neutral chairperson may proceed in the absence of any party
				who, after due notice, fails to be present or fails to obtain an adjournment.
				Findings of fact and the determination of the issues in dispute may not be made
				solely on the default of a party, and the neutral chairperson may require the
				participating party to submit evidence as may be required for making of the
				findings of fact and determining the issues.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.450. 99-14-060, §
										391-55-235, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-235, 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), §
										391-55-235, 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 391-55-240 - Interest arbitration-Closing of arbitration hearings

Current through Register Vol. 24-14, July 15, 2024
The neutral chairperson 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
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.450. 99-14-060, §
										391-55-240, filed 7/1/99,
				  effective 8/1/99; 96-07-105, §
										391-55-240, 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), §
										391-55-240, 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 391-55-245 - Interest arbitration-Award

Current through Register Vol. 24-14, July 15, 2024
The rulings and determination of the neutral chairperson are
				control-ling and do not require concurrence but may be accompanied by any
				concurring or dissenting opinions of the partisan arbitrators. The rulings and
				determinations are not subject to appeal to the commission, but the neutral
				chairperson shall submit a copy of the award to the executive director.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  41.56.450. 99-14-060, §
										391-55-245, filed 7/1/99,
				  effective 8/1/99; 98-14-112, §
										391-55-245, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-55-245, 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), §
										391-55-245, filed 9/30/80,
				  effective 11/1/80.