PERC holds formal hearings to resolve certain kinds of labor disputes. Click on the links below to review the normal case processing steps for these cases.

Grievance Arbitration ("A") Cases

Nonassociation ("N") Cases

Unfair Labor Practice ("U") Cases

Normal Case Processing Steps

GRIEVANCE ARBITRATION ("A") CASES

See Chapter 391-65 WAC. Grievance arbitration is the preferred method for resolving disputes concerning the interpretation or application of existing collective bargaining agreements. Most contracts have grievance procedures to be followed prior to arbitration. If the parties are unable to agree, the "normal" flow is:

1. Request for Arbitration (PERC Form A-1 or equivalent) is filed at PERC's Olympia office.
2. PERC provides lists of arbitrators from its Dispute Resolution Panel ("P" cases), upon request of the parties.
   • PERC's panel consists of persons who are pre-qualified to serve as impartial arbitrators in labor-management disputes. The minimum qualifications for membership on PERC's panel are the same as for PERC staff members.
   • Referrals from the PERC panel are by computer-generated random selection among the panel members. To reduce the need for substitute names or second lists, PERC always provides the parties with two more names than requested.
   • There is no charge for a list from the PERC panel.
   • The parties must pay the fees or expenses of an arbitrator they select from the PERC panel.
3. PERC staff members can be assigned, upon request, for cases under Chapters 41.56 and 49.08 RCW ("A" cases).
   • Parties are not permitted to select from a list of PERC staff members, but joint requests for assignment of particular staff members will be considered.
   • Parties are not permitted to reject an assignment from the agency staff.
   • PERC pays the salary and all expenses of staff arbitrators.
   • Compliance with contractual time limits cannot be guaranteed, and the processing of "A" cases is subject to delay if the staff member is processing other cases that have a higher priority.
4. The arbitrator schedules a hearing, and usually confirms the arrangements by letter. There are no statutory time limits or notice requirements.
5. The arbitrator presides at the hearing. The parties present evidence through witnesses and exhibits. If a court reporter is used, the parties must make arrangements and pay the costs. The arbitrator will rule on any requests by the parties to file briefs.
6. The arbitrator issues a written decision (arbitration award), which may include:
   • Rulings are made on arbitrability and any claimed procedural defects in the case.
   • Rulings are made on whether the employer has violated the collective bargaining agreement.
   • Rulings are made on the appropriate remedy for any violation(s) of the contract.
7. The Commission does not consider or rule on any appeals from arbitration awards.

NONASSOCIATION ("N") CASES

See Chapter 391-95 WAC. Nonassociation cases involve the right of employees having religious beliefs against union membership to make alternative payments to a charity. The "normal" flow is:

1. Where "union security" provisions are in effect, the union and/or employer must provide each affected employee with information about the union security obligation and the amount owed.
2. The employee must communicate a religious-based objection to the union, in writing.
3. The union must respond within 60 days after an employee submits a written objection.
4. Petition for Ruling on Nonassociation Claim (PERC Form N-1 or equivalent) is filed at PERC's Olympia office. The employee and the union are the parties to the proceeding. Although the name of the employer will appear on the docket records and decisions in the case to establish PERCs jurisdiction, the employer has no obligations or role in the proceedings.
5. PERCs Executive Director or designee reviews the petition. A Deficiency Notice is sent to the parties where procedural defects exist. Cases are dismissed if they fail to state a cause of action.
6. If a petition states a cause of action for proceedings before the Commission, the Executive Director or designee will issue a preliminary ruling listing the issues to be determined.
7. An Examiner is assigned in cases where disputed issues of fact are identified.
   • A notice is issued, setting a date, time and place for a formal hearing.
   • The Examiner presides at the hearing. The parties present evidence through witnesses and exhibits. A court reporter makes a transcript of the hearing, and parties can buy copies.
   • The parties may request, or the Examiner may direct, the filing of briefs.
8. The Examiner issues a written decision, with a "90 days after last brief is filed" target time.
   • Rulings are made on any claimed procedural defects in the case.
   • Rulings are made on whether the employee is eligible to assert the right of nonassociation.
   • Rulings are made on what charity is to receive alternative payments in lieu of paying union dues.
9. Parties have 20 days to appeal a decision issued by the Examiner to the Commission. A decision by Examiner is final, unless appealed.
10. Parties have a right to file briefs in support of or in opposition to appeals.
11. The Commission issues a written decision on the issues raised by an appeal.
12. The parties have the right to appeal a final Commission decision to court under the Administrative Procedure Act, Chapter 34.05 RCW. Appeals must be filed within 30 days after the decision is issued.

UNFAIR LABOR PRACTICE ("U") CASES

See Chapter 391-45 WAC. Unfair labor practices define and enforce the rules established by the Legislature for the collective bargaining process, and provide remedies for violations of the law. The "normal" flow is:

1. Complaint Charging Unfair Labor Practices (PERC Form U-1 or equivalent plus accompanying statement of facts) is filed at PERC's Olympia office.
   • Where two or more parties allege that their rights have been violated (e.g., multiple unions against same employer, or multiple employees against same employer or union), a separate complaint must be filed for each named complainant, and separate cases will be docketed.
   • Where two or more parties are accused of violating the law (e.g., claims by employees against both their employer and union), a separate complaint must be filed for each named respondent, and separate cases will be docketed.
2. The PERC staff does not "investigate" or "prosecute" complaints in the manner familiar under National Labor Relations Board (NLRB) procedure. A complainant must investigate and prosecute its own case, and has the burden of proof. The party accused of misconduct (the respondent) must present its own defense, and has the burden of proof on affirmative defenses it asserts.
3. PERCs Executive Director or designee reviews the complaint, applying an "assuming all of the facts alleged to be true and provable" standard. A Deficiency Notice is sent to the parties where defects exist.
   • Allegations concerning events that occurred more than six months prior to the filing of the complaint are "untimely" under most of the statutes administered by PERC.
   • PERC can only process allegations arising out of employment relationships that are subject to the jurisdiction of PERC.
   • PERC can only process allegations arising out of the exercise of collective bargaining rights. Other employment-related claims (e.g., ADA, FLSA, FMLA, EEOC) must be pursued before the appropriate state and/or federal agency, or in the courts.
   • PERC does not assert jurisdiction to remedy violations of collective bargaining agreements through the unfair labor practice provisions of the statutes. Contractual remedies must be pursued through the grievance/arbitration machinery established in the contract, or through the courts.
   • PERC does not assert jurisdiction over "breach of duty of fair representation" claims arising from the processing of grievances. Such claims must be pursued in the courts.
   • A complaint must set forth detailed facts sufficient to state a cause of action for relief available through unfair labor practice proceedings before PERC.
4. PERC may "defer" the processing of an unfair labor practice complaint while the parties arbitrate related issues. The agency will inquire to determine whether a case is appropriate for deferral.
   • The only unfair labor practice complaints which can be "deferred to arbitration" are those which allege a unilateral change, and then only if the change is arguably protected or prohibited by an existing collective bargaining agreement.
   • The collective bargaining agreement must provide for final and binding arbitration of grievances.
   • The employer must be willing to waive procedural defenses, so that the arbitrator will decide the interpretation of the contract.
5. If a complaint states a cause of action for proceedings before PERC, a preliminary ruling is issued setting the deadline for the respondent to file an "answer" and to assert any affirmative defenses.
6. If the respondent does not file an answer within the time allowed, or if the respondents answer fails to deny the facts alleged in the complaint, a hearing is deemed to be waived and the facts alleged in the complaint are deemed to be admitted as true.
7. An Examiner is assigned to hold a hearing and issue a decision on the case.
   • A notice is issued, setting a date, time and place for a formal hearing.
   • The Examiner presides at the hearing. The parties present evidence through witnesses and exhibits. A court reporter makes a transcript of the hearing, and parties can buy copies.
   • The parties may request, or the Examiner may direct, the filing of briefs.
8. The Examiner issues a written decision, with a "90 days after last brief is filed" target time.
   • Rulings are made on any claimed procedural defects in the case.
   • Rulings are made on whether the respondent has committed any unfair labor practice(s).
   • An appropriate remedy is ordered for any violations of the law that were committed.
9. Parties have 20 days to appeal a decision issued by the Examiner to the Commission. A decision by Examiner is final, unless appealed.
10. Parties are entitled to file briefs in support of or opposition to appeal.
11. The Commission issues a written decision on the issues raised by an appeal.
12. If a remedial order is issued, the case is held open on a "Compliance Docket" and PERCs Compliance Officer follows up until the respondent has tendered compliance and that compliance is verified as sufficient.
13. If the respondent fails or refuses to comply with the remedial order, the Commission has the authority to authorize an "enforcement" proceeding. When that authorization is given, the case is turned over to the Attorney General of the State of Washington, who commences a lawsuit against the respondent in court, to compel compliance with the PERC order.
14. If a respondent tenders compliance but there is a dispute about whether the tendered compliance satisfies the remedial order, PERC may conduct further proceedings before authorizing enforcement.
    • The Compliance Officer or another PERC staff member may conduct an informal conference on the compliance dispute.
    • A Hearing Officer may be assigned to hold a hearing if there are disputed issues of fact. A notice is issued, setting a date, time and place for a formal hearing. The Hearing Officer presides at the hearing; the parties present evidence through witnesses and exhibits; a court reporter makes a transcript of the hearing, and parties can buy copies. The parties may request, or the Hearing Officer may direct, the filing of briefs.
    • The Commission will issue a written decision on whether the tendered compliance is sufficient, or what is lacking.
    If a respondent still fails or refuses to comply following compliance proceedings, the Commission has the authority to authorize an "enforcement" proceeding under Step 13, above.
15. Parties have the right to appeal a final Commission decision to court under the Administrative Procedure Act, Chapter 34.05 RCW. Appeals must be filed within 30 days after the decision is issued.