WAC
251-14-005 Purpose.
251-14-010 Employee rights.
251-14-020 Employee organization filing requirements.
251-14-035 Election standards and procedures.
251-14-052 Union shop representative election.
251-14-054 Union shop representative decertification election.
251-14-056 Employee listings.
251-14-057 Election validity--Objections.
251-14-058 Union shop requirements.
251-14-060 Contents of written agreements.
251-14-100 Mediation--Collective bargaining impasse--Grievance disputes.
251-14-110 Arbitration--Collective bargaining impasse--Grievance disputes.
251-14-120 Requests for mediation and arbitration.
251-14-130 Arbitration--Grievance--Procedure.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
251-14-030 Determination of bargaining unit. [Statutory Authority: RCW 28B.16.100. 87-16-045 (Order 158), § 251-14-030, filed 7/29/87, effective 9/1/87; 82-10-006 (Order 95), § 251-14-030, filed 4/26/82, effective 6/1/82; Order 61, § 251-14-030, filed 8/30/77, effective 10/1/77; Order 52, § 251-14-030, filed 2/26/76; Order 2, § 251-14-030, filed 3/12/70.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-040 Election and certification of exclusive representative. [Statutory Authority: RCW 28B.16.100. 82-10-006 (Order 95), § 251-14-040, filed 4/26/82, effective 6/1/82; 78-07-072 (Order 69), § 251-14-040, filed 6/30/78, effective 8/1/78; Order 61, § 251-14-040, filed 8/30/77, effective 10/1/77; Order 44, § 251-14-040, filed 6/25/75; Order 25, § 251-14-040, filed 7/17/73; Order 2, § 251-14-040, filed 3/12/70.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-042 Disclaimer of interest petition--Decertification as exclusive representative. [Order 61, § 251-14-042, filed 8/30/77, effective 10/1/77; Order 37, § 251-14-042, filed 10/15/74.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-050 Petition for decertification of exclusive representative. [Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-14-050, filed 1/2/87, effective 2/1/87; 86-09-076 (Order 148), § 251-14-050, filed 4/22/86, effective 6/1/86; Order 61, § 251-14-050, filed 8/30/77, effective 10/1/77; Order 52, § 251-14-050, filed 2/26/76; Order 25, § 251-14-050, filed 7/17/73; Order 2, § 251-14-050, filed 3/12/70.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-070 Unfair labor practices--Management--Employee organizations. [Statutory Authority: RCW 41.06.150. 98-19-035, § 251-14-070, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-02-027 (Order 166), § 251-14-070, filed 12/31/87, effective 2/1/88; 87-21-089 (Order 163), § 251-14-070, filed 10/21/87; Order 61, § 251-14-070, filed 8/30/77, effective 10/1/77; Order 2, § 251-14-070, filed 3/12/70.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-080 Unfair labor practices--Powers of board--Procedure. [Statutory Authority: RCW 28B.16.100. 86-14-042 (Order 153), § 251-14-080, filed 6/26/86, effective 8/1/86; 78-05-060 (Order 67), § 251-14-080, filed 4/27/78, effective 6/1/78; Order 61, § 251-14-080, filed 8/30/77, effective 10/1/77; Order 52, § 251-14-080, filed 2/26/76; Order 2, § 251-14-080, filed 3/12/70.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-082 Investigation of and disposition of unfair labor practice charges. [Statutory Authority: RCW 41.06.150. 98-19-035, § 251-14-082, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 86-14-042 (Order 153), § 251-14-082, filed 6/26/86, effective 8/1/86.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-083 Unfair labor practice notice and complaint--Procedure. [Statutory Authority: RCW 28B.16.100. 86-14-042 (Order 153), § 251-14-083, filed 6/26/86, effective 8/1/86.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-085 Amendment of complaint or answer--Unfair labor practice. [Statutory Authority: RCW 41.06.150. 98-19-035, § 251-14-085, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 86-14-042 (Order 153), § 251-14-085, filed 6/26/86, effective 8/1/86.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-086 Hearings and investigation--Unfair labor practice. [Statutory Authority: RCW 28B.16.100. 86-14-042 (Order 153), § 251-14-086, filed 6/26/86, effective 8/1/86.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-087 Enforcement--Unfair labor practice. [Statutory Authority: RCW 41.06.150. 98-19-035, § 251-14-087, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 86-14-042 (Order 153), § 251-14-087, filed 6/26/86, effective 8/1/86.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
251-14-090 Unfair labor practice--Hearings. [Statutory Authority: RCW 28B.16.100. 80-15-026 (Order 85), § 251-14-090, filed 10/8/80; Order 61, § 251-14-090, filed 8/30/77, effective 10/1/77; Order 52, § 251-14-090, filed 2/26/76; Order 2, § 251-14-090, filed 3/12/70.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
WAC 251-14-005 Purpose. The general purpose of this chapter is to establish rules designed specifically to provide for a sound labor relations policy covering employer-employee relations in higher education institutions. Determination of union shop provisions shall be decided, to the maximum extent practical, by providing the fullest opportunity for each affected employee to participate through the election process.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 251-14-005, filed 7/11/02, effective 9/1/02; Order 61, § 251-14-005, filed 8/30/77, effective 10/1/77; Order 42, § 251-14-005, filed 5/23/75; Order 25, § 251-14-005, filed 7/17/73.]
WAC 251-14-010 Employee rights. Classified employees shall have, and shall be protected in the exercise of the right to form, join, and/or assist any employee organization, or to refrain therefrom, (except as provided in WAC 251-14-058) and to do so freely and without fear of penalty or reprisal.
[Order 61, § 251-14-010, filed 8/30/77, effective 10/1/77; Order 25, § 251-14-010, filed 7/17/73; Order 2, § 251-14-010, filed 3/12/70; Order 1, § 251-14-010, filed 9/15/69.]
WAC 251-14-020 Employee organization filing requirements. An employee organization which is, or desires to be, an exclusive representative for a bargaining unit which has chosen to be a union shop must have a written procedure concerning representation fees which complies with applicable statutory and constitutional requirements. Such employee organization must provide to the director a written opinion of the employee organization's attorney that its representation fee procedure is in compliance with applicable statutory and constitutional requirements.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 251-14-020, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 28B.16.100. 88-18-018 (Order 172), § 251-14-020, filed 8/29/88, effective 10/1/88; Order 61, § 251-14-020, filed 8/30/77, effective 10/1/77; Order 42, § 251-14-020, filed 5/23/75; Order 2, § 251-14-020, filed 3/12/70; Order 1, § 251-14-020, filed 9/15/69.]
WAC 251-14-035 Election standards and procedures. The director or designee shall establish the standards and procedures for the conduct of elections.
[Order 61, § 251-14-035, filed 8/30/77, effective 10/1/77; Order 42, § 251-14-035, filed 5/23/75; Order 25, § 251-14-035, filed 7/17/73.]
WAC 251-14-052 Union shop representative election. (1) The director shall order a union shop representative election to be held upon petition from an employee organization which has been certified as the exclusive representative of the employees of a bargaining unit. If the employee organization does not already have the opinion of counsel required by WAC 251-14-020(2) on file with the director, the petition shall not be considered complete until such an opinion is provided.
(2) The director shall, after receipt of a petition for a union shop representative election, inform all affected employees of the union shop provisions contained in chapter 41.06 RCW.
(3) The director or designee, at a preelection conference, shall review with the employee organization and appointing authority or designee the standards and procedures for the conduct of the election and shall inform all affected employees of the conditions set forth therein.
(4) The election shall be held on state property during working hours unless otherwise determined during the preelection conference.
(5) All employees on the active payroll and employed within the bargaining unit on the date of election will be eligible to vote. Eligible employees unable to vote at the time of election may vote by absentee ballot.
(6) Absentee ballots may be requested prior to date of election but will be counted only if received by the director or designee no later than two regular working days following the closing date of election.
(7) Transportation to official places of voting shall be provided to the degree practicable as determined by preelection conference.
(8) Election signs and banners shall not be permitted in the area in which the balloting takes place, nor shall any person in the area discuss the advantages or disadvantages of a union shop.
(9) The director will certify the employee organization as the union shop representative if a majority of employees in the bargaining unit vote in favor of requiring membership in the employee organization to be a condition of employment.
(10) Another union shop representative election shall not be held concerning the same bargaining unit for at least twelve months from the date of the last previous union shop representative election.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 251-14-052, filed 7/11/02, effective 9/1/02; 98-19-035, § 251-14-052, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-18-018 (Order 172), § 251-14-052, filed 8/29/88, effective 10/1/88; Order 61, § 251-14-052, filed 8/30/77, effective 10/1/77; Order 25, § 251-14-052, filed 7/17/73.]
WAC 251-14-054 Union shop representative decertification election. (1) The director shall, upon petition of thirty percent of the members of a bargaining unit, order an election to determine if a majority of employees in such bargaining unit wish to rescind membership in the employee organization as a condition of employment, providing twelve months have lapsed since the original election which established the union shop representative. Such election shall be conducted in accordance with WAC 251-14-052 (2), (3), (4), (5), (6), (7), and (8).
(2) Another union shop representative decertification election shall not be held concerning the same bargaining unit for at least twelve months from the date of the last previous union shop decertification election.
(3) The director will issue a notice of union shop representative decertification, which will nullify the requirement of membership in an employee organization or the payment of a representation fee as a condition of employment when a majority of the employees in the bargaining unit vote to rescind membership in an employee organization as a condition of employment.
(4) When existing bargaining units are combined into one new unit and/or additional classes and/or positions are accreted to a bargaining unit, such action shall effect an automatic decertification of any union shop representative provision in effect except in the following instances:
(a) Where the same employee organization is certified as the union shop representative in each of the existing bargaining units that are being combined into one new unit;
(b) Where results of the union shop election previously held still represent a majority vote in favor of the union shop provision in the new unit. Majority vote will be determined by adding the number of employees not previously covered by a union shop provision to the total number of employees eligible to vote in the previous election.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 251-14-054, filed 7/11/02, effective 9/1/02; Order 61, § 251-14-054, filed 8/30/77, effective 10/1/77; Order 25, § 251-14-054, filed 7/17/73.]
WAC 251-14-056 Employee listings. When elections are requested per the provisions of WAC 251-14-052 and 251-14-054, institutions shall, upon request from a petitioning party and/or an affected employee organization, provide copies of a current listing indicating names, mailing addresses provided by the employee at the time of hire or subsequently, classes and work locations of all employees eligible to vote in the election.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 251-14-056, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 28B.16.100. 88-08-018 (Order 167), § 251-14-056, filed 3/29/88, effective 5/1/88; Order 61, § 251-14-056, filed 8/30/77, effective 10/1/77; Order 42, § 251-14-056, filed 5/23/75; Order 25, § 251-14-056, filed 7/17/73.]
WAC 251-14-057 Election validity--Objections. (1) The director, an appointing authority or designee, any employee of the bargaining unit, and/or any employee organization whose name appeared on the ballot as a choice, may question the validity of an election by objecting to the administration of the election or to improper conduct which may have affected the results of the election conducted under the provisions of chapter 251-14 WAC.
(2) The objections must contain a specific statement of the reasons therefor and be filed in the office of the director by the close of business on the fifth working day following the tabulation of the ballots. The party filing objections is required to submit evidence in support thereof at the time the objections are filed or forthwith upon request from the director.
(3) The director or designee will investigate the objections. Where the investigation reveals that the objections have merit, the director may set aside the results of the election and order a new election.
[Order 61, § 251-14-057, filed 8/30/77, effective 10/1/77; Order 44, § 251-14-057, filed 6/25/75.]
WAC 251-14-058 Union shop requirements. (1) When a majority of employees within a bargaining unit determine by election to require as a condition of employment membership in the employee organization designated as the exclusive bargaining representative, all employees included in that bargaining unit are required to pay to such employee organization the regular dues of the organization, or pay a representation fee or a nonassociation fee, within thirty calendar days of the beginning of their employment within the bargaining unit or within thirty calendar days of the date of the union shop representative election, whichever is later.
(2) Membership in the employee organization is satisfied by the payment of monthly or other periodic dues, or representation fees, and does not require payment of initiation, reinstatement, or any other fees or fines, and includes full and complete membership rights.
(3) Employees who wish to exercise the right of nonassociation with an employee organization based on bona fide religious tenets, or teachings of a church or religious body of which they are a member, must present a request for nonassociation to the personnel office of the concerned institution. The appointing authority or designee and the union shop representative must be in agreement that the requests are based on such bona fide reasons. If agreement cannot be reached within a reasonable time, either party may submit the issues in dispute to the director or designee. Should the request for nonassociation be denied by the appointing authority or designee, the employee may submit the issue to the director or designee. The decision of the director regarding nonassociation shall be final.
(4) Employees who are granted the nonassociation right must pay a union shop nonassociation fee to the employee organization. Such fee is equivalent to the regular dues of the organization minus any included monthly premiums for union sponsored insurance programs.
(5) When an employee has qualified for nonassociation with an employee organization on religious grounds, the employee may designate which of the programs of the employee organization are in harmony with the employee's conscience and may then designate that the nonassociation fee shall go to such programs.
(6) The employee who qualifies for the nonassociation clause shall not be a member of the employee organization, but is entitled to the same representation rights as a member of the employee organization.
(7) Employees who object to payment for activities of the exclusive representative which are supported by regular dues and which are not related to representation of the employees in the bargaining unit may pay a representation fee in lieu of regular dues. The representation fee is to be calculated by the representative in accordance with applicable constitutional and statutory requirements. See WAC 251-01-367.
(8) A condition of employment for an employee employed in a bargaining unit where an employee organization is the exclusive union shop representative is membership in that employee organization or the regular payment of a union shop representation fee or a nonassociation fee to such organization. Failure of an employee to become a member of the employee organization or make payment of the union shop representation or nonassociation fee within thirty calendar days following the beginning of employment within the bargaining unit or thirty calendar days after the date of the union shop representative election, whichever is later, constitutes cause for dismissal per the provisions of WAC 251-11-100.
(9) The union shop representative shall inform the appointing authority, in writing, of those employees who have not complied with this section.
(10) The requirement to be a member of an employee organization or the payment of a union shop representation fee or a nonassociation fee as a condition of employment will be nullified when the employee organization which is the union shop representative is decertified per WAC 251-14-054.
(11) The appointing authority or designee shall notify affected employees of existing union shop provisions prior to their hire or transfer into a bargaining unit where there is a requirement to be a member of a designated employee organization to pay a union shop representation fee or a nonassociation fee as a condition of employment.
(12) Payroll deductions for employee organization dues or union shop representation or nonassociation fees may be provided by the institution upon written authorization from the employee.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 251-14-058, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 28B.16.100. 89-01-071 (Order 175), § 251-14-058, filed 12/20/88, effective 2/1/89; 88-18-018 (Order 172), § 251-14-058, filed 8/29/88, effective 10/1/88; 82-16-002 (Order 98), § 251-14-058, filed 7/22/82, effective 9/1/82; Order 61, § 251-14-058, filed 8/30/77, effective 10/1/77; Order 25, § 251-14-058, filed 7/17/73.]
WAC 251-14-060 Contents of written agreements. (1) Written agreements may contain provisions covering all personnel matters over which the institution/related board may lawfully exercise discretion.
(2) Written agreements shall include a grievance procedure for processing individual and group grievances within the bargaining unit and shall provide for mediation by the director or designee and for arbitration by the board. Mediation by the director or designee and arbitration by the board of a grievance dispute shall not apply in those instances where the same complaint has been filed for hearing either through the unfair labor practice or appeal procedures of the board or the personnel appeals board rules.
(3) Written agreements may contain provisions for payroll deduction of employee organization dues and/or union shop representation fees upon written authorization from the employee. Any employee may cancel his/her payroll deduction of employee organization dues by filing a written notice with the appointing authority or designee and the employee organization thirty calendar days prior to the effective date of such cancellation.
(4) Written agreements shall be for a minimum of one year in duration and shall not exceed three years. Automatic renewal or extension provisions may extend the term of a contract for only one year at a time.
(5) Where there are collective bargaining agreements in effect in bargaining units which are combined per WAC 251-14-054, the board shall determine the application of such bargaining agreements or terms thereof when there is an impasse between the exclusive representative and the institution.
(6) Institutions shall file signed written agreements with the director. Provisions of such agreements shall not prevail if in conflict with the higher education rules, chapter 41.06 RCW or other applicable law.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 251-14-060, filed 7/11/02, effective 9/1/02; 98-19-035, § 251-14-060, filed 9/10/98, effective 10/12/98; 97-06-012, § 251-14-060, filed 2/25/97, effective 4/1/97. Statutory Authority: RCW 28B.16.100. 86-09-076 (Order 148), § 251-14-060, filed 4/22/86, effective 6/1/86; Order 61, § 251-14-060, filed 8/30/77, effective 10/1/77; Order 52, § 251-14-060, filed 2/26/76; Order 42, § 251-14-060, filed 5/23/75; Order 25, § 251-14-060, filed 7/17/73; Order 2, § 251-14-060, filed 3/12/70.]
WAC 251-14-100 Mediation--Collective bargaining impasse--Grievance disputes. (1) When agreement cannot be reached within a reasonable time in collective bargaining between an institution and the certified exclusive representative of the employees in the bargaining unit, either party may submit the impasse issues to the director or designee who shall confer with both parties in an effort to resolve the impasse.
(2) When an unresolved grievance dispute has been referred to the director pursuant to the mediation provision of a grievance procedure in a signed agreement, the director or designee shall confer with both parties in an effort to resolve the dispute. Requests for grievance mediation must be submitted to the director within thirty calendar days or less of the institution/related board's written response or lack thereof at the final internal step of the procedure.
[Statutory Authority: RCW 28B.16.100. 87-20-023 (Order 162), § 251-14-100, filed 9/30/87; Order 61, § 251-14-100, filed 8/30/77, effective 10/1/77; Order 52, § 251-14-100, filed 2/26/76; Order 2, § 251-14-100, filed 3/12/70.]
WAC 251-14-110 Arbitration--Collective bargaining impasse--Grievance disputes. (1) When the director or designee is unable to resolve the collective bargaining impasse, the institution or the certified exclusive representative may submit such impasse to the board for arbitration. The board will hold a hearing at which the parties may submit evidence and argument in support of their respective positions. The decision of the board shall be final and binding.
(2) When the director or designee is unable to resolve a grievance dispute, the exclusive representative, employee or employer may submit such dispute to the board for arbitration in accordance with WAC 251-14-130.
[Statutory Authority: RCW 41.06.150. 97-01-065, § 251-14-110, filed 12/13/96, effective 1/13/97; 96-09-055, § 251-14-110, filed 4/12/96, effective 6/1/96. Statutory Authority: RCW 28B.16.100. 89-08-003 (Order 176), § 251-14-110, filed 3/23/89, effective 5/1/89; 87-20-023 (Order 162), § 251-14-110, filed 9/30/87; Order 61, § 251-14-110, filed 8/30/77, effective 10/1/77; Order 52, § 251-14-110, filed 2/26/76; Order 2, § 251-14-110, filed 3/12/70.]
WAC 251-14-120 Requests for mediation and arbitration. Mediation and arbitration requests per WAC 251-14-100(2) and 251-14-110(2) shall not be allowed if the same charges are pending before the board or the personnel appeals board for processing per chapter 251-12 WAC.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 251-14-120, filed 7/11/02, effective 9/1/02; 97-06-012, § 251-14-120, filed 2/25/97, effective 4/1/97. Statutory Authority: RCW 28B.16.100. 80-15-026 (Order 85), § 251-14-120, filed 10/8/80.]
WAC 251-14-130 Arbitration--Grievance--Procedure. Whenever arbitration of a grievance is requested of the board pursuant to an agreement as authorized by WAC 251-14-060(2), the procedure set forth below shall apply:
(1) The request for arbitration shall be in the form of a complaint. It shall be filed on a form supplied by the board, or in a writing containing the same information as required on the form within thirty calendar days or less from the date the director of personnel or designee indicates in writing that the mediation is at impasse. The request shall state the following:
(a) The name, address and telephone number of the party filing the request, and the name, address and telephone number of any principal representative.
(b) The name, address and telephone number of the opposing party, and, if known, the opposing party's principal representative.
(c) Clear and concise statements of the facts upon which the grievance is based, including times, dates, places and participants in occurrences.
(d) A listing of the applicable sections of the collective bargaining agreement, rules, policies, etc., upon which the grievance is based and which are claimed to be violated. A copy of the collective bargaining agreement or of the pertinent sections of the agreement shall be attached to the request for arbitration.
(e) A statement of the specific issue(s) to be arbitrated.
(f) A statement of the relief sought.
(g) The signature and, if any, the title of the person filing the request for arbitration.
(h) A copy of the original grievance and the institution's last written response to the grievance shall be attached to the request for arbitration.
(2) By mutual agreement the parties to the grievance may extend the thirty-day time frame for requesting arbitration established in subsection (1) of this section. Agreements to extend the time frame shall be reported in writing by the parties to the director of personnel.
(3) The board's hearings coordinator shall review the request for arbitration to determine compliance with subsection (1) of this section. If the hearings coordinator determines the request is incomplete, the person filing the request is notified of the portions which need to be supplemented or changed to comply with subsection (1) of this section. When the hearings coordinator determines that the request substantially complies with subsection (1) of this section, he or she shall mail, or otherwise cause to be served, the request on the opposing party(ies). Any refusal by the hearings coordinator to serve the request for arbitration on the opposing party is reviewable by the board upon motion of the requesting party.
(4) After the request for arbitration is served on the opposing party(ies), the board or the board's designee may direct the parties or their representatives to engage in a prehearing conference(s) in accordance with WAC 251-12-232.
(5) The board's hearings coordinator shall schedule the arbitration for hearing pursuant to WAC 251-12-105.
(6) Within thirty calendar days from the date of service of the acknowledgment of the arbitration request, the respondent shall submit a written statement of issue(s) to be arbitrated. If no response is received, the petitioners' statement of issue(s) will be deemed to be the issue(s) at the arbitration hearing unless otherwise determined by the board.
(7) Upon stipulation between the parties, the board or designee may grant the grievant's request to waive the right to an evidentiary hearing and thereafter require the parties to submit written evidence upon which the board or designee may act without a hearing.
(8) If the matter is heard directly by the board, a final and binding decision will be issued. If the matter is heard by the board's designee, a recommended decision will be issued. Within thirty calendar days of its service, either party may request the board to review the designee's decision. The review will be limited to specific areas of the decision to which the party takes exception. The requesting party must provide written argument in support of the exceptions. The board will consider the exceptions and may in its discretion hear oral argument. Thereafter, the board will issue a decision which shall be final and binding on the parties. The designee's decision will become final and binding forty calendar days after it was served on the parties if no exceptions are filed, unless the board calls a hearing to reconsider the decision.
(9) The grievant shall have the burden of proof and go forward with the evidence.
(10) The board or its designee shall be the judge of relevancy and materiality of evidence offered. Technical rules of evidence shall not apply to the proceedings.
(11) The provisions of chapter 251-12 WAC (Appeals) shall apply to the conduct of grievance arbitration hearings, except as otherwise provided in this section.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-14-130, filed 9/10/98, effective 10/12/98; 97-01-065, § 251-14-130, filed 12/13/96, effective 1/13/97; 96-09-055, § 251-14-130, filed 4/12/96, effective 6/1/96.]