WAC
356-42-010 Membership in employee organization.
356-42-042 Election provisions--General.
356-42-043 Union shop requirements.
356-42-045 Union shop elections.
356-42-047 Union shop decertification.
356-42-050 Contents of written agreements.
356-42-055 Arbitration--Grievance--Procedure.
356-42-090 Impasse mediation.
356-42-100 Impasse arbitration.
356-42-105 Requests for arbitration.
356-42-110 Savings provisions--Applicability--Rule construed.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
356-42-020 Determination of bargaining unit. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-020, filed 9/10/98, effective 10/12/98. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-074, § 356-42-020, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06 150. 88-18-010 (Order 307), § 356-42-020, filed 8/26/88. Statutory Authority: RCW 41.06.150(17). 80-13-047 (Order 147), § 356-42-020, filed 9/16/80; Order 42, § 356-42-020, filed 1/11/72; Order 36, § 356-42-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-020.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-030 Determination of bargaining unit--Of exclusive representative. [Statutory Authority: RCW 41.06.150. 89-02-011 (Order 312), § 356-42-030, filed 12/28/88, effective 2/1/89; Order 36, § 356-42-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-030.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-040 Decertification of exclusive representative. [Statutory Authority: RCW 41.06.150. 89-02-011 (Order 312), § 356-42-040, filed 12/28/88, effective 2/1/89; Order 49, § 356-42-040, filed 8/17/72; Order 36, § 356-42-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-040.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-049 Disclaimer of interest--Notice--Automatic termination of exclusive representation. [Statutory Authority: RCW 41.06.150. 88-18-010 (Order 307), § 356-42-049, filed 8/26/88.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-060 Unfair labor practices for management. [Order 36, § 356-42-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-051.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-070 Unfair labor practices for employee organizations. [Order 36, § 356-42-070, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-052.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-080 Unfair labor practice. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-080, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-080, filed 10/26/82; Order 36, § 356-42-080, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-053.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-082 Filing unfair labor practice charge. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-082, filed 9/10/98, effective 10/12/98; 88-18-010 (Order 307), § 356-42-082, filed 8/26/88. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-082, filed 10/26/82.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-083 Investigation of and disposition of unfair labor practice charges. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-083, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-083, filed 10/26/82.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-084 Answer to complaint--Unfair labor practice. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-084, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-084, filed 10/26/82.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-085 Amendment of complaint or answer--Unfair labor practice. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-085, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-085, filed 10/26/82.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-086 Hearing--Unfair labor practice. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-086, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-086, filed 10/26/82.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-088 Hearings and investigation--Unfair labor practice. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-088, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-088, filed 10/26/82.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-42-089 Enforcement--Unfair labor practice. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-089, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-089, filed 10/26/82.] Repealed by 02-15-048, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
WAC 356-42-010 Membership in employee organization. (1) State employees shall have the right to affiliate with, be represented by and participate in, the management of employee organizations. State employees shall have the right to be represented by such organizations in collective negotiations with appointing authorities. No persons or parties shall directly or indirectly interfere with, restrain, coerce or discriminate against any state employee or group of state employees in the free exercise of these rights. However, the right not to affiliate with employee organizations shall be modified by the certification of a union shop representative according to WAC 356-42-043.
(2) An employee organization which is, or desires to be, an exclusive bargaining 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, § 356-42-010, filed 7/11/02, effective 9/1/02; 98-19-034, § 356-42-010, filed 9/10/98, effective 10/12/98; 89-02-011 (Order 312), § 356-42-010, filed 12/28/88, effective 2/1/89. Statutory Authority: RCW 41.06.150(17). 80-13-047 (Order 147), § 356-42-010, filed 9/16/80; Order 69, § 356-42-010, filed 9/30/74; Order 36, § 356-42-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-010.]
WAC 356-42-042 Election provisions--General. (1) To provide that union shop elections are truly representative of the desires of the employees and that all employees eligible to vote have every opportunity to do so, employee participation in these elections will be encouraged to the greatest extent possible.
(2) The director or designee shall administer all elections and be responsible for the processing and adjudication of all disputes that arise as a consequence of elections.
(3) Upon being notified by the director or designee that a valid petition for an election has been received, the affected appointing authority shall submit to the director or designee and the petitioning party and/or exclusive representative a list of all employees included in the bargaining unit as of the preceding payroll period. This list shall contain the employees' names, job classifications, work locations, and home mailing addresses. For purposes of an election, the director or designee shall also provide such listing to an affected employee organization which has submitted proof that it represents at least ten percent of the employees in the bargaining unit and/or to a group of affected employees who have submitted a written request signed by at least ten percent of the employees in the unit.
(4) Upon receipt of a valid petition for an election, the director or designee shall conduct a preelection conference which shall include representatives of the appointing authority, and representatives of the employee organization and/or petitioning party. At the preelection conference, determinations will be made on such matters as method of balloting, date(s) of election, absentee voting, eligibility of voters, locations, personnel at each election site, campaign activities, and any other matter that should be resolved concerning that election. Following, the preelection conference, the director or designee will establish rules, regulations and procedures for holding the election.
(5) At least ten days prior to the scheduled date, the director or designee will distribute a notice of election for posting in the work areas of affected employees. Such notice will contain information regarding the date(s), time(s) and location(s) of balloting, the rules, regulations and procedures established for the election, and a sample ballot.
(6) To the extent feasible, as determined by the director or designee, on-site voting shall take place during the employees' regular work schedules. Eligible voters shall be given ample opportunity to vote during work time while the polls are open.
(7) An employee who cannot appear at the voting site on the date of the vote, may vote by absentee ballot. A request for an absentee ballot must be submitted to the director or designee prior to the close of voting at the employee's voting site. To be counted, absentee ballots must be postmarked within five calendar days thereafter and must be received by the department of personnel within ten calendar days of the close of the polls.
(8) Employees on leave of absence without pay for the entire calendar month preceding the start of the balloting shall not be eligible to vote.
(9) Rules governing campaign activities shall be determined at the preelection conference. Employees included in the affected bargaining unit and representatives of the petitioning party and/or the affected employee organization shall have the right to conduct such activities on the employer's grounds during work hours so long as the work of the employee and the operation of the employer are not disturbed.
(10) Electioneering shall not be permitted within twenty-five feet of the posted election area during the hours of voting or at any place after the close of the polls.
(11) Each party to an election may have one observer present during on-site voting to assist the election agent in identifying eligible voters. An employee who serves as such an observer shall be released with pay from duties normally performed during his/her work hours.
(12) The department of personnel will maintain the official voter eligibility list and will provide a copy of that list to each party. The official observer for either party may bring a copy of that list to the on-site polling place(s) for his/her own use, provided such use does not interfere with the conduct of the election.
(13) Within five working days of the date of the tally of the ballots, the petitioning party, the affected employee organization, or an employee in the bargaining unit may file objections to the election. Such objections must be in writing and must be received by the director within the five working day period. The director or designee shall investigate and determine an appropriate remedy if the objection is found to be meritorious.
(14) Any violation of these rules should be immediately reported to the director or designee. Upon receiving a complaint, the director or designee will immediately investigate; and if necessary, take steps to cause the violation to stop. If it is found by the director or designee that violations of these rules or the preelection agreements have affected the outcome of the election, the director may invalidate the election, order a new election, or take other appropriate remedial action.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 356-42-042, filed 7/11/02, effective 9/1/02; 88-18-010 (Order 307), § 356-42-042, filed 8/26/88.]
WAC 356-42-043 Union shop requirements. (1) Once 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 exclusive representative, all employees included in that unit, shall be required to pay to the employee organization the regular dues of the organization, or pay a representation fee or a nonassociation fee within thirty calendar days following their start of employment or thirty calendar days after an employee organization wins certification as union shop representative, whichever is later. The thirty calendar days starts the first day of the employee's employment within the bargaining unit which has a certified union shop representative or starts the date of the director's certification of the election results, whichever is later.
(2) Upon certification as a union shop representative, the employee organization shall notify all employees within the bargaining unit of the existence of the union shop requirement and the conditions of employment which arise under that requirement.
(3) 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.
(4) Employees who have a bona fide religious objection precluding them from membership in an employee organization, based on religious tenets, or teachings of a church or religious body of which they are members may satisfy the union shop requirement by paying to the union shop representative a nonassociation fee. This fee is an amount equivalent to the regular dues of the union shop representative, minus any monthly premiums for union sponsored insurance programs.
(5) Employees who wish to exercise the right of nonassociation from an employee organization, as provided in subsection (4) of this section, must submit their request to the union shop representative. If the union shop representative rejects the employee's request or fails to respond within ten working days, either the employee or the union shop representative may submit the issue to the director or his designee who shall investigate and confer with the parties in an effort to resolve the dispute. If agreement is not reached, the director shall issue a written decision which shall be final.
(6) Once an employee has qualified to pay the nonassociation fee, the employee may designate that the fee go to that program or programs within the functions of the union shop representative in harmony with the employee's individual conscience.
(7) Employees who qualify for nonassociation shall not be members of the employee organization, but are entitled to the same representation rights as members of the employee organization.
(8) 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 in accordance with the procedure adopted by the employee organization. The representation fee is to be calculated by the representative in accordance with applicable constitutional and statutory requirements. See WAC 356-05-461.
(9) Failure of an employee to become a member of the employee organization which is the union shop representative or make payment of the union shop representation fee or the nonassociation fee within thirty calendar days following the employee's start of employment or within thirty calendar days after an employee organization has been certified as union shop representative, whichever is later, shall cause that employee to be dismissed as hereinafter provided.
(10) Employees on leave of absence without pay for an entire calendar month shall not be required to pay dues or union shop representation or nonassociation fees to the union shop representative during that month. When an employee returns from leave of absence to employment and pay status within the bargaining unit, he shall be considered included in the bargaining unit and required to pay the union dues or union shop representation or nonassociation fee.
(11) Once an employee organization has been certified by the director as a union shop representative, the affected appointing authority shall provide the employee organization with a monthly list of the employees in the bargaining unit.
(12) After written notification by the union shop representative that an employee has not complied with the union shop requirements, the appointing authority shall give written notification to the employee of fifteen calendar days' notice of his or her dismissal for failure to join the union or pay representation or nonassociation fees. The dismissal action shall be rescinded if an employee complies with the union shop requirements within those fifteen calendar days, or presents evidence that the union shop representative has not complied with WAC 356-42-010(3) or the representation fee or nonassociation fee requirements of this section.
(13) The appointing authority shall notify affected employees of existing union shop provisions prior to their hire, promotion, or transfer into a bargaining unit where such provisions are in effect.
[Statutory Authority: RCW 41.06.150. 89-02-011 (Order 312), § 356-42-043, filed 12/28/88, effective 2/1/89; 88-18-010 (Order 307), § 356-42-043, filed 8/26/88; Order 57, § 356-42-043, filed 7/31/73.]
WAC 356-42-045 Union shop elections. (1) An employee organization is eligible to petition for a union shop representation election if the employee organization is certified as exclusive bargaining representative for a bargaining unit.
(2) Upon receipt of a valid petition from the certified exclusive bargaining representative, the director or designee shall order a union shop representation election. If the employee organization does not already have the opinion of counsel required by WAC 356-42-010(3) on file with the director, the petition shall not be considered complete until such an opinion is provided.
(3) The election will be conducted under the general procedures outlined in WAC 356-42-042.
(4) A petitioning employee organization will be certified as union shop representative if a majority of the employees who are included in the bargaining unit vote in favor of the union shop.
(5) The petitioning employee organization shall take great care to avoid making untrue statements concerning union shop election issues.
(6) The appointing authority shall cooperate with the director or designee to assure that eligible employees have a maximum opportunity to vote in union shop elections.
(7) The appointing authority, supervisors, and other representatives of management shall remain neutral on the questions, merits and issues of the union shop and the petitioning employee organization for the purposes of union shop elections; except that such individuals who are members of the bargaining unit shall have the right to express their personal opinions and beliefs regarding the issues when their positions are included in the bargaining unit. If an objection is made by the petitioning employee organization or by an employee included in the bargaining unit to written or oral statements made by the appointing authority, supervisors or other representatives of management, the director or designee shall investigate the objection and determine the appropriate remedy if the objection is found to be meritorious.
(8) When a new classification of employees is added into an existing bargaining unit which has a union shop provision in place, such action shall effect an automatic request for a new union shop certification election to determine the desires of the employees of the new unit unless fewer than twelve months have elapsed since the last union shop election and:
(a) The same employee organization is the certified union shop representative for each of the units being combined; or
(b) The results of the union shop election previously held still represent a majority vote in favor of the union shop provision in the new unit; or
(c) A majority of the incumbents in the positions to be added have signed a petition indicating acceptance of the union shop condition.
(9) No union shop election petition will be honored within twelve months following the director's certification of the results of a prior union shop certification election or a prior union shop decertification election.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 356-42-045, filed 7/11/02, effective 9/1/02; 89-02-011 (Order 312), § 356-42-045, filed 12/28/88, effective 2/1/89; 88-18-010 (Order 307), § 356-42-045, filed 8/26/88; Order 69, § 356-42-045, filed 9/30/74; Order 57, § 356-42-045, filed 7/31/73.]
WAC 356-42-047 Union shop decertification. (1) Upon petition of thirty percent or more of the employees included in a bargaining unit, a union shop decertification election will be conducted by the director or his designee to determine whether the employee organization which is the union shop representative will remain certified as union shop representative for a bargaining unit.
(2) The election will be conducted under the general procedures outlined in WAC 356-42-042.
(3) If a majority of the employees included in the bargaining unit vote to decertify the employee organization as union shop representative, the director will issue a notice of decertification. Once an employee organization has been decertified from a bargaining unit as union shop representative, all of its union shop rights cease in that unit.
(4) An employee organization is automatically decertified as union shop representative if it is decertified as exclusive bargaining representative in accordance with WAC 356-42-040 Decertification of exclusive bargaining representative.
(5) The appointing authority, supervisors, and other representatives of management shall remain neutral on the questions, merits, and issues of the union shop and the union shop representative for the purpose of union shop decertification elections; except that such individuals who are members of the bargaining unit shall have the right to express their personal opinions and beliefs regarding the issues when their positions are included in the bargaining unit. If an objection is made by the union shop representative or by an employee included in the bargaining unit to written or oral statements made by the appointing authority, supervisors or other representatives of management, the director or designee shall investigate the objection and determine the appropriate remedy if the objection is found to be meritorious.
(6) No union shop decertification election petition shall be honored within twelve months following the director's certification of the results of a prior union shop election or union shop decertification election.
[Statutory Authority: RCW 41.06.150. 89-02-011 (Order 312), § 356-42-047, filed 12/28/88, effective 2/1/89; Order 57, § 356-42-047, filed 7/31/73.]
WAC 356-42-050 Contents of written agreements. (1) Written agreements may contain provisions covering all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency 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 of personnel or his designee. Requests for mediation must be submitted in writing to the director of personnel no later than thirty calendar days from the date of the agency's written response at the final internal step of the procedure. Grievance procedures shall also provide for arbitration by the board in accordance with WAC 356-42-055.
(3) Written agreements may contain provisions for payroll deduction of employee organization dues upon authorization by the employee member. Any employee may cancel his payroll deduction of employee organization dues by filing a written notice with the appointing authority and the employee organization thirty calendar days prior to the effective date of such cancellation. Where union shop provisions exist, payroll deduction rights shall also extend to those employees who because of religious tenets pay a nonassociation fee, or employees who pay a representation fee.
(4) The initial term of written agreements shall not exceed three years. Automatic renewal or extension provisions may extend the period of the contract for a period not to exceed one year at a time.
(5) Written agreements shall be filed with the director. Provisions of such agreements shall not prevail if in conflict with the merit system rule, the state civil service law or other applicable law.
[Statutory Authority: RCW 41.06.150. 89-02-011 (Order 312), § 356-42-050, filed 12/28/88, effective 2/1/89; 84-21-071 (Order 210), § 356-42-050, filed 10/17/84; Order 57, § 356-42-050, filed 7/31/73; Order 49, § 356-42-050, filed 8/17/72; Order 36, § 356-42-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-050.]
WAC 356-42-055 Arbitration--Grievance--Procedure. Whenever arbitration of a grievance is requested of the board pursuant to an agreement as authorized by WAC 356-42-050(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 agency'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 356-37-160.
(5) The board's hearings coordinator shall schedule the arbitration for hearing pursuant to WAC 356-37-040.
(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 356-37 WAC (HearingsGeneral procedures) shall apply to the conduct of grievance arbitration hearings, except as otherwise provided in this section.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-055, filed 9/10/98, effective 10/12/98; 96-07-093, § 356-42-055, filed 3/20/96, effective 5/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-08-020 (Order 340), § 356-42-055, filed 3/28/90, effective 5/1/90; 89-19-063 (Order 331), § 356-42-055, filed 9/20/89, effective 10/21/89. Statutory Authority: RCW 41.06.150. 88-18-010 (Order 307), § 356-42-055, filed 8/26/88; 84-23-059 (Order 211), § 356-42-055, filed 11/20/84. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-055, filed 10/26/82.]
WAC 356-42-090 Impasse mediation. If agreement cannot be reached within a reasonable time in collective negotiation between the appointing authority or designee and the certified exclusive representative of the employees in the bargaining unit, either party may submit the issues in dispute to the director of personnel or designee, who shall confer with both parties in an effort to resolve the dispute.
[Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-090, filed 10/26/82; Order 36, § 356-42-090, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-060.]
WAC 356-42-100 Impasse arbitration. If the director of personnel is unable to bring the parties to agreement through mediation, the appointing authority or designee or the certified exclusive representative may submit the dispute to the board. As soon as practicable after submission of the dispute to arbitration each party shall file with the board a summary of:
(1) The matters in dispute;
(2) The position of the party on the matters in dispute; and
(3) Desired contract language.
The board shall then schedule and hold a hearing. The decision of the board shall be final and binding.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-42-100, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-42-100, filed 10/26/82; Order 36, § 356-42-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-070.]
WAC 356-42-105 Requests for arbitration.
A request for arbitration per WAC 356-42-055 shall not be allowed if the grievant(s) involved has the same issues pending before the personnel appeals board for processing per Title 358 WAC.
[Statutory Authority: RCW 41.06.150. 02-15-048, § 356-42-105, filed 7/11/02, effective 9/1/02; 98-19-034, § 356-42-105, filed 9/10/98, effective 10/12/98; 88-18-010 (Order 307), § 356-42-105, filed 8/26/88.]
WAC 356-42-110 Savings provisions--Applicability--Rule construed. Nothing contained in this chapter shall be construed to annul or modify or to preclude the renewal or continuation of any lawful agreement heretofore entered into between any agency and any representative of its employees which does not violate the provisions of the State Civil Service Act or the rules adopted thereunder.
[Order 36, § 356-42-110, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-080.]