CHAPTER 2

PERC WEBSITE

The PERC Staff Manual was issued by the former Executive Director in October appointed by the Public Employment Relations Commission under RCW 41.58.015(2) and (3), to provide guidance and direction to PERC staff members. The staff manual is subject to constant revision and is to be regarded as a guide. Cases may be processed in a different manner and in the event of any conflict between this PERC Staff Manual and any statute, any Commission rule, or any Commission precedent, the statute, rule or precedent shall prevail.

CHAPTER 2

THE PERC WEBSITE

2.1   INTRODUCTION

The PERC website, www.perc.wa.gov, has quickly become the primary vehicle for contact between the agency and its clientele. PERC staff members must familiarize themselves with and use the PERC website themselves, in order to be helpful in directing clientele to website features. The format of the PERC website is based upon the “Access Washington” standards for state agency websites in Washington.

2.2   HOME PAGE / ABOUT US PAGE

The home page that comes up first for users of the PERC website also appears when the “About Us” tab is selected from any other pages.

2.2.1   Quick Links

A box on the right side of the home page and repeated on each of the other pages of the PERC website contains internal links:

♦      The “Search PERC Decisions” link takes users to databases that include various subsets of PERC decisions, together with a search engine providing access to those databases.

♦      The “Commission Calendar” link takes users to a list of Commission meeting dates over the preceding year, with links to the agendas and minutes of those meetings.

♦      The “Representation Cases” link takes users to a list of representation cases that are in early stages of processing (where intervention is still possible).

♦      The “Recent Decisions” link takes users to a list of decisions on “C”, “E”, “N” and/or “U” cases that have been issued by the Commission or PERC staff members during the preceding three to five months, with links to the FLASH sheets for those decisions.

♦      The “Forms and Publications” link takes users to a set of PERC forms that can be viewed and printed (using Adobe Acrobat software available without charge), with links to the individual forms.

2.2.2   Variable Links

The boxes on the left sides of the home page and other pages on the PERC website contain internal links that are related to the page being viewed. These links vary from page to page on the website.

♦      The “Contact Info” link takes users to a list of Commission and staff members with their office telephone numbers. Underlined names activate sending an e-mail message to the named individual. (The name and telephone number of the Law Clerk to the Commission was intentionally omitted from this list, after he began to receive unsolicited messages from clientele about cases pending on appeal.)

♦      The “Map” link takes users to maps and directions to the PERC offices.

♦      The “Current Events” link takes users to a page used to announce forthcoming Commission meetings and other events. The content of that page varies.

♦      The “PERC News” link takes users to pages containing information on a variety of subjects, and will change from time to time. It usually includes the latest edition of PERCnews (an “occasional” publication issued by the agency by inclusion with outbound correspondence for a period of two to four weeks, when there is something newsworthy to report). There is no formal mailing list or subscription list for a PERC newsletter.

2.2.3   Home Page Text

The text in the main column of the PERC home page varies from time to time. It may include:

♦      An introduction to the agency and its basic mission.

♦      Descriptions of materials on the PERC website (in place of a formal site index).

♦      Descriptions of changes to the PERC website, with links to new or altered features.

♦      An invitation for users to provide feedback on the PERC website.

2.2.4  Footer Links

Additional internal links appear at the bottom of most pages of the PERC website . Those include:

♦      A “Privacy Statement” link.

♦      A “Contact Us” link that provides users an alternative route to the “Contact Info” page described above.

2.2.5   Home Page  Sample

2.3   SERVICES PAGE

This PERC website page restates the mission of the agency, and provides users with some information about employee rights.

2.3.1   Descriptions of Case Types

The SERVICES page provides users access to brief descriptions of the case types processed by PERC and to “Normal Case Processing” materials on the various case types. NOTE: This is a good place to send information callers who have internet access.

2.3.2   Services Page Sample

Clicking on the “description of the kinds of cases” link takes the website user to more detailed materials (shown on the next page of this chapter), and links on that page take website users to step-by-step descriptions of case processing.

2.3.2   Services Page Sample, continued

2.4   CASE FILING PAGE

The PERC website “CASE FILING” page provides users with basic information and forms that agency clientele need when they file a case with PERC.

2.4.1   Variable Links

The shaded box on the left side of the CASE FILING page contains variable internal links that are related to the CASE FILING page:

♦      The “Description of Case Types” link takes users back to the SERVICES page of the PERC website, where brief descriptions of various case types are provided and links to “Normal Case Processing” materials are provided.

♦      The “Forms” link provides users an alternative route to the PERC forms they can download (using Adobe Acrobat software available without charge) and print.

♦      The “FAQ” link takes users to materials about the foibles of filing and service.

CAUTION: “Filing” and “service” issues continue to arise even though the Commission has strictly enforced those requirements in numerous decisions. In the spirit that collective bargaining is a process designed to effect good communications between employers, employees, and unions. PERC staff members should not hesitate to point out these critical requirements to clientele.

2.4.2   Case Filing Page Sample

2.5   RULES PAGE

The PERC website RULES page provides users quick access to all of the Washington Administrative Code (WAC) rules applicable to proceedings before PERC. Those include:

♦      The Model Rules of Procedure adopted by the Chief Administrative Law Judge of the State of Washington (Chapter 10-08 WAC) to control many aspects of adjudicative proceedings under the Administrative Procedure Act (APA), Chapter 34.05 RCW;

♦      The Procedural Rules adopted by the Public Employment Relations Commission (Chapter 391-08 WAC, supplanting the Model Rules of Procedure in some instances) to apply to all types of proceedings before the agency;

♦      The rules adopted by the Public Employment Relations Commission to regulate the processing of specific types of cases before the agency (Chapters 391-25, 391-35, 391-45, 391-55, 391-65 and 391-95 WAC).

2.5.1   Link to “Official” Washington Administrative Code

To reduce the potential for PERC clientele and/or staff members to be working from obsolete rules, the PERC website links take users directly to the website of the Code Reviser, who is the official custodian of the Washington Administrative Code.

♦      Point out the website links to clientele. Volunteer to supply paper copies of rules only if the person making inquiry indicates they do not have web access.

♦      Print out current rules from the PERC website for your own use, whenever needed.

2.5.2   Variable Links

The shaded box on the left side of the RULES page contains variable internal links that are related to the RULES page:

♦      The “Statutes” link takes the user to the STATUTES page of the PERC website, discussed below.

♦      The “Code Reviser’s Office” link comes with the territory when we link our website to theirs, and PERC has no control over its content.

♦      The “FAQ” link takes the user to materials about the foibles of filing and service.

2.5.3   Rules Page Sample

2.6   STATUTES PAGE

The PERC website STATUTES page provides users quick access to all of the Revised Code of Washington (RCW) statutes administered by PERC.

2.6.1   Link to “Official” Revised Code of Washington

To reduce the potential for PERC clientele and/or staff members to be working from obsolete statutes, the PERC website links take users directly to the website of the Code Reviser, who is the official custodian of the Revised Code of Washington.

♦      Point out the website links to clientele. Volunteer to supply paper copies of statutes only if the person making inquiry indicates they do not have web access.

♦      Print out current statutes from the PERC website for your own use, whenever needed.

2.6.2   Variable Links

The shaded box on the left side of the STATUTES page contains internal links related to the STATUTES page.

♦      The “Rules” link takes the user to the RULES page of the PERC website, discussed above.

♦      The “Code Reviser’s Office” link comes with the territory when we link our website to theirs, and PERC has no control over its content.

♦      The “FAQ” link takes the user to materials about the foibles of filing and service.

2.6.3   Statutes Page Sample

2.7   DECISIONS PAGE

The PERC website DECISIONS page is the starting point for users to do legal research on judicial precedents relating to collective bargaining and PERC precedents.

2.7.1   Recent Decisions

The main body of this page lists decisions issued by the Commission or staff members on “C”, “E”, “N”, or “U” cases during the preceding three to five months, with links to the FLASH sheets for those decisions.

2.7.2   Variable Links

The shaded box on the left side of the DECISIONS page contains internal links related to the DECISIONS page.

♦      The “QCR Petitions” link provides users an alternative route to the list of representation cases that are in early stages of case processing (where intervention is still possible).

♦      The “Int Arb Cases” link provides users an alternative route to search a database of interest arbitration cases.

♦      The “Court Decisions” link provides users an alternative route to search a database of court decisions related to PERC case processing.

♦      The “FAQ” link takes users to materials about the foibles of filing and service.

2.7.3   Decisions Page Sample

2.8   SEARCH ENGINE

The SEARCH ENGINE was created to fulfill PERC’s obligations to “establish and implement a system of indexing” for its final orders under RCW 42.17.260. The materials available on the PERC website include all Commission and staff decisions that can be cited as precedent, dating back to the onset of PERC operations in 1976.

2.8.1   Select A Database

The first step using the SEARCH ENGINE is to narrow the volume of material searched:

♦      The “Representation/Unit Clarification” choice is decisions in “C” and “E” cases. Select if confident the principle being researched will only appear in those decisions.

♦      The “Unfair Labor Practices/Nonassociation” choice is decisions in “N” and “U” cases. Select if confident the principle being researched will only appear in those decisions.

♦      The “Certifications” choice is unit descriptions and rudimentary information excerpted from certifications in “E” cases. Select if seeking information about unit histories.

♦      The “All of the Above” choice combines the three databases described above. Select if the principle being researched could appear in any of those types of decisions.

♦      The “Interest Arbitration/Fact Finding” choice is limited to decisions on “F” and “I” cases. Select if you are only seeking insights about historical or current trends.

♦      The “Recent Decisions” choice takes the place of the “advance sheets” historically printed by publishers of reporter services.

 2.8.2   Insert A Word or Phrase to be Searched

The second step using the SEARCH ENGINE is to type in the word or phrase you want the computer to look for. This may take experimentation to narrow the material searched.

♦      Avoid terms that inevitably appear in every decision ever issued by PERC:

        ►      State of Washington (or any of those words)

        ►      Public Employment Relations Commission (or any of those words)

        ►      Collective Bargaining (or either of those words)

♦      If a word or phrase gets no hits or too many hits, try other words that might have been used to describe the situation.

♦      To “Shepardize” a case, insert the decision number or employer name. (The system won’t tell you the effect of a subsequent decision, but it will at least produce a list of all subsequent cases where the decision has been cited.)

2.8.2   Select a Search Method

The system “default” is to search for the exact phrase submitted. Other methods are:

♦      An all words search, which will take the same words in any order. This will tend to provide a few more hits, but may provide many more hits.

♦      A Boolian search (using “and”, “or”, “near”, or “not” between words or phrases enclosed in quotation marks) will let you put two or more buzz-words in play.

2.8.3   Search Engine Page Sample