Grievance Mediation ("G") Cases

Contract Mediation ("M") Cases

Settlement Mediation ("S") Cases

Normal Case Processing Steps

GRIEVANCE MEDIATION ("G") CASES

See Chapter 391-55 WAC. Grievance mediation resolves grievances under existing contracts. The "normal" flow is:

1. Request for Grievance Mediation (PERC Form G-1 or equivalent) is filed at PERC's Olympia office. PERC will only act on requests where the parties have agreed, in advance, to submit any unresolved issues to final and binding arbitration.
2. A PERC staff mediator is assigned, and the mediator contacts the parties to schedule a meeting. This is accomplished informally, but may be confirmed by a letter or e-mail messages.
3. Mediation sessions are usually held in employer offices or union offices, unless the parties arrange and pay the costs for other meeting space. PERC has only limited facilities for mediation in agency offices.
4. The mediator meets with parties to discuss the issues, explore alternatives, and arrive at an agreement to resolve the particular grievance(s) submitted.
   • The mediator will not conduct an evidentiary hearing, as would be done in arbitration.
   • The mediator will not issue a formal opinion, as would be done in arbitration, but may send a letter to confirm a settlement reached or recommendation(s) made.
   • Mediators draw on their knowledge and experiences, but do not have a power of compulsion.
5. Communications between the mediator and the parties, as well as the mediator’s notes, are confidential. A mediator cannot be called to give testimony about the mediation in any subsequent proceeding.

CONTRACT MEDIATION ("M") CASES

See Chapter 391-55 WAC. Mediation resolves impasses in negotiations on the terms of collective bargaining agreements. The "normal" flow is:

1. Request for Mediation (PERC Form M-1 or equivalent) is filed at PERC's Olympia office. PERC will act on telephonic requests in emergency situations (e.g., a work stoppage), so long as the request is confirmed in writing.
2. A PERC staff mediator is assigned, and the mediator contacts the parties to schedule a meeting. This is accomplished informally, but may be confirmed by a letter or e-mail messages.
3. Mediation sessions are usually held in employer offices or union offices, unless the parties arrange and pay the costs for other meeting space. PERC has only limited facilities for mediation in agency offices.
4. The mediator meets with parties to discuss the issues, explore alternatives, and arrive at an agreement. Mediators draw on their knowledge and experiences, but do not have a power of compulsion.
5. Communications between the mediator and the parties, as well as the mediator's notes, are confidential. A mediator cannot be called to give testimony about the mediation in any subsequent proceeding.

SETTLEMENT MEDIATION ("S") CASES

See WAC 391-45-260. Settlement mediation is a service available to parties who have filed an Unfair Labor Practice case with PERC to assist the parties in reaching a mutually acceptable resolution of all or part of their dispute prior to a hearing. The "normal" flow is:

1. After the filing of an Unfair Labor Practice complaint and the issuance of a Preliminary Ruling under WAC 391-45-110(2), an Examiner is assigned to hold a hearing and issue a decision on the case.
2. The Examiner will contact the parties to schedule a hearing date. At this time the Examiner may discuss the possibility of providing the parties a Settlement Mediator and/or the parties may request that one be assigned. Participation in a settlement conference is voluntary and a refusal by a party to participate will not prejudice that party in any manner.
3. If both parties agree to a settlement mediation, a PERC staff mediator is assigned. The Settlement Mediator will not be the same staff member that is assigned as the Examiner. Once assigned, the Settlement Mediator will contact the parties to schedule a meeting. The Examiner will also seek to scheduled a hearing date which allows sufficient time for the parties to schedule and meet with the Settlement Mediator, but ensures that, if settlement discussions are unsuccessful, the hearing is not delayed.
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. Settlement Mediators draw on their knowledge and experiences, but do not have a power of compulsion.
5. Discussions at a settlement mediation may not be disclosed to the Examiner designated to preside at the hearing if settlement efforts are unsuccessful. Evidence of statements made and conduct occurring in a settlement conference are not subject to discovery and are inadmissible in any proceeding in the action or other actions on the same claim. However, no evidence otherwise discoverable shall be inadmissible merely because it is presented or discussed in a mediation conference. The Settlement Mediator cannot be called to give testimony about the mediation in any subsequent proceeding.
6. If an agreement is reached in the settlement mediation, the agreement should be reduced to writing, specifying all the terms of their agreement bearing on the resolution of the dispute before the Public Employment Relations Commission. In order to close the Unfair Labor Practice case, the complainant must send a written withdrawal to the Examiner assigned to the case.
7. If an agreement is not reached in the settlement mediation, the Examiner will proceed with the processing of the Unfair Labor Practice case.