Can PERC Help Me?
- What is PERC?
- Does PERC have jurisdiction over me and my employer?
- Who selects what union will represent employees?
- Will PERC represent me or provide me with an attorney?
- Do I need to hire an attorney?
- I'm concerned that my union or employer will retaliate against me. Can they?
- If I have other questions, who should I contact?
1. What is PERC?
PERC is an independent state agency responsible for resolving disputes involving most public employers and employees, and the unions that represent those employees.
2. Does PERC have jurisdiction over me and my employer?
You will need to determine which state law covers your employment relationship, and follow that law. PERC administers several different state laws, covering the following general groups of public employees:
- State government: State civil service employees - Chapter 41.80 RCW
- State higher education classified (civil service) employees - Chapter 41.80 RCW
- State institutions of higher education faculty - Chapter 41.76 RCW
- Community and technical college faculty - Chapter 28B.52 RCW
- Home Care independent providers - Chapter 41.56 RCW and Chapter 74.39A RCW
- Technical college classified employees - Chapter 41.56 RCW
- Local government: Local government employees generally (cities, counties, etc.) - Chapter 41.56 RCW
- Port district employees - Chapter 41.56 RCW and Chapter 53.18 RCW
- Public utility district employees - Chapter 41.56 RCW and RCW 54.04.170 - .180
- School district certificated employees - Chapter 41.59 RCW
- School district classified employees - Chapter 41.56 RCW
3. Who selects what union will represent employees?
The employees in a group actually choose their own representation. PERC conducts secret-ballot elections in which all members of the group have a choice of voting for or against a union. Other unions can be on the ballot if they have signed individual cards showing support of 10% of the employees in the group. If there are three or more choices on the ballot, and none of them gets a majority, PERC will conduct a runoff election between the two choices that received the highest numbers of votes. A majority of the votes cast wins the election. PERC can certify on the basis of the authorization cards under some laws, if the union has over 70% support in the group.
4. Will PERC represent me or provide me with an attorney?
No. PERC staff members act in a neutral capacity, and are not permitted to provide legal advice or to represent or take the side of any party. The PERC staff can only answer questions about procedures. The PERC Examiner will be impartial throughout the hearing and decision process.
5. Do I need to hire an attorney?
You are not required to have an attorney, but you should: (1) study the rules; (2) review your claims and evidence; and (3) make your own decision about whether it would be helpful to have professional representation.
6. I'm concerned that my union or employer will retaliate against me. Can they?
It is illegal for a public employer or a union to retaliate against a public employee for filing a petition or giving testimony at PERC. If you believe that you have been the victim of retaliation for filing your case, contact PERC about filing an unfair labor practice complaint about that retaliation.
7. If I have other questions, who should I contact?
This information is not intended to provide legal advice or counsel on any particular case or issue. It is designed to provide a general introduction to PERC. If you have questions about PERC procedures, you can call PERC at (360) 570-7300.
