CHAPTER 3

PUBLICATIONS

The PERC Staff Manual was issued by the former Executive Director in October 2006 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 3

PUBLICATIONS

3.1 INTRODUCTION

The Public Employment Relations Commission (PERC) was created with a legislative purpose of providing both “uniformity” and “expertise” in the resolution of disputes between labor and management. RCW 41.58.005. From its earliest months in operation, the Commission has emphasized the need for good communications between labor and management. For example:

♦ WAC 391-45-550 codifies a policy statement announced by the Commission at an open, public meeting in April 1976, in an attempt to get school districts and unions representing their certificated employees to communicate with one another.

♦ WAC 391-45-552 was adopted by the Commission in June 1976, in a further attempt to get school districts and unions representing their certificated employees to communicate with one another.

♦ From the outset, the Commission has also embraced the stare decisis principle, whereby the decision issued in one case will provide guidance to parties in subsequent cases involving similar facts.

Consistent with its longstanding focus on good communication, the Commission has encouraged the publication of its decisions and made information available to its clientele, so that labor and management will have access to and benefit of the Commission’s reasoning in deciding cases.

3.2 THE PERC "Annual Report"

RCW 41.58.010(4) requires the Commission to submit annual reports to the Governor and Legislature, describing “the cases it has heard, the decisions it has rendered, the names, salaries, and duties of all employees and officers in the employ or under the supervision of the Commission, and an account of all moneys it has disbursed.” That statutory language is similar to Section 3 of the National Labor Relations Act (NLRA), which was undoubtedly used as the pattern for creating PERC. In the absence of any specifics in the statute, PERC structured its early annual reports along the lines of those submitted by the National Labor Relations Board (NLRB) and counterpart labor relations agencies in other states, along the following lines:

♦ A section on “authority and jurisdiction” describing the statutes administered by PERC.

♦ A section titled “Work of the Commission” describing the types of cases processed by PERC.

♦ Statistics by case type, on separate pages showing intake, closures, and numeric analysis of results for representation, unit clarification, unfair labor practice, media-tion, fact finding, interest arbitration, grievance arbitration, and miscellaneous cases.

♦ Statistical analysis of cases docketed by type (for the reported year and prior year).

♦ Statistical analysis of cases closed by type (for the reported year and prior year).

♦ Statistical analysis of cases docketed by statute (for the reported year and prior year).

♦ Narrative description of agency activities in the reported year.

♦ Names and end-of-year salary rates for all agency personnel.

♦ Names and terms of all Commission members and their compensation in the reported year.

♦ Summary of expenditures, using OFM object-of-expenditure categories (employee salaries, personal services contracts, goods and services, travel, equipment, and employee benefits).

Use of that basic pattern was carried forward in reports for the fiscal years ending June 30, 1976 through June 30, 1987, with the lengths of those early reports varying between 15 pages and 23 pages.

Graphs were introduced in the annual report for the fiscal year ending June 30, 1988. Summaries of general practices and precedents also began to appear in that report, but that feature was eliminated by 1992 in the absence of any index or other method to access the information for research purposes.

A large statistical spreadsheet was published at the end of the annual report for the fiscal year ending June 30, 1996, to summarize statistics for the first 20 years of PERC operations. Measures tracked in that spreadsheet were valuable in estimating workload trends and PERC staffing needs, and updated versions of that spreadsheet appeared in most annual reports through the report for the year ending June 30, 2000. The case intake increase associated with implementing the four new laws that took effect in 2002 heavily skewed PERC statistics, so publication of the spreadsheet ceased.

Although the annual reports are only useful for statistical research, PERC continues to publish annual reports as required by statute. Copies of all annual reports submitted by PERC are available in the Olympia office library, and from the PERC business office.

3.3 PERC "Statutes Comparison" BOOKLET

Washington continues to have more collective bargaining statutes than any other state in the nation. After the addition of four new laws in 2002, Executive Director Marvin L. Schurke assigned LRAM-trainee staff members Guy Coss, Emily Martin, and Terry Wilson to prepare a compilation for the convenience of Commission members, staff members, and agency clientele who have occasion to work their way through that maze.

The comparison is by section or smaller components (down to word-by-word on some topics), spread across 8 columns covering two pages (8-1/2" x 22") in landscape format:

♦ The Taft-Hartley Act (the federal law familiar to many practitioners) is in the left-most column.

♦ Chapter 41.56 RCW (covering local government, some state government, home care providers and child care providers) is in the second column.

♦ Chapter 41.59 RCW (covering K-12 certificated employees) is in the third column.

♦ Chapter 28B.52 RCW (covering community/technical college academic faculty) is in the fourth column.

♦ Chapter 41.76 RCW (covering four-year college/university faculty) is in the fifth column (the left-most on the right-hand page).

♦ Chapter 41.80 RCW (covering state general government provisions) is in the sixth column.

♦ Chapter 41.80 RCW (covering state higher education classified provisions) is in the seventh column.

♦ Other statutes (including Chapters 41.58, 49.08, 53.18 and 54.04 RCW) are in the eighth column.

The PERC staff members did a terrific job putting the comparison document together, and it has received high praise from both Commission members and clientele representatives.

The Statutes Comparison is available on the PERC website. The Statutes Comparison is also available in paper format, and staff members should invite clientele representatives who are struggling with the statutory maze to request a copy from Executive Assistant Majel Boudia.

3.4 “Your Right to be Heard" PAMPHLET ON REPRESENTATION CASES

The intended audience for this pamphlet is individual (pro se) employees who are contemplating filing representation petitions. They need to know some basics about “decertification” proceedings, and this pamphlet is limited accordingly. The full text (but not the format) of the pamphlet is as follows:

YOUR RIGHT TO CHOOSE, CHANGE, OR REJECT

UNION REPRESENTATION

and

Your Right To Be Heard Before the

Public Employment Relations Commission

This information pamphlet is for public employees who want a union to represent them, who want to change unions, or who no longer want to be represented by a union.

The Public Employment Relations Commission (PERC) resolves “Representation” disputes, and maintains “laboratory conditions” for employees to freely exercise their statutory rights. This pamphlet contains basic information about how PERC processes these cases.

What are representation rights?

Public employees (other than elected and senior officials) have the right to choose, change, or reject union representation.

•If employees choose union representation, an employee-directed organization deals with their employer about their wages, hours, and working conditions.

•If employees are dissatisfied with their current representation, they can select a different employee-directed organization to represent them.

•If employees reject representation, their wages, hours, and working conditions will be set by their employer (subject to civil service rules or other policies) and they will deal directly with their employer about any issues.

At least one year must pass before another petition can be filed. Employees exercise these rights by groups (bargaining units), not as individuals. You must have the support of your co-workers in your group to make changes.

Who selects what union will represent employees?

The employees choose for themselves. Supervisors are placed in separate units from rank-and-file employees. PERC conducts secret-ballot elections where all members of the group have a chance to vote for or against a union. A majority of the votes cast wins. Other unions can be on the ballot if they show the support of 10% of the employees in the group, and PERC will conduct a runoff election, if necessary, between the two choices that receive the highest number of votes.

Does PERC have jurisdiction over my employment situation?

You need to determine which state law (if any) covers your employment relationship, and follow that law. PERC administers several chapters of the Revised Code of Washington (RCW), covering different 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 (cities, counties, etc.) - Chapter 41.56 RCW.

•Port districts - Chapter 41.56 RCW and Chapter 53.18 RCW.

• Public utility districts - 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.

All of these state laws are available from the PERC office, at 360-570-7300, or on PERC's www.perc.wa.gov website. If your employment situation is not on this list, contact PERC for more information.

How does PERC process representation cases?

Three different chapters of Washington Administrative Code (WAC) rules apply to these cases:

•Chapter 391-25 WAC - Rules for Representation Cases.

•Chapter 10-08 WAC - Model Rules of Procedure that control some PERC procedures.

•Chapter 391-08 WAC - Rules of Procedure for all cases processed by PERC.

All of those rules are available from the PERC office, at 360-570-7300, or on PERC's www.perc.wa.gov website.

What happens when a representation case is filed?

PERC sends a “Notice of Case Filing” to all parties, with name/address information on all parties and the case number. Please use that case number whenever you contact PERC.

The PERC staff makes sure all necessary information is on the petition, and sends all parties a deficiency notice (with a deadline for reply) if anything else is needed.

PERC gets a list of employees from the employer and determines if 30% of the employees in the group support the petition. PERC preserves the confidentiality of those cards.

PERC sends all parties a list of issues and PERC’s Representation Coordinator holds a conference (usually by telephone conference call) with all parties (including you if you filed the petition) to go over those issues.

What issues are resolved in representation cases?

The issues that normally occur in representation cases are:

•Whether the petition is timely.

•Whether the group of employees involved can be represented by itself or belongs within some other group.

•Whether individuals should be excluded as supervisors, or as confidential employees who represent or assist the employer in negotiations with unions.

If the parties do not agree on any issue, a PERC Hearing Officer will be assigned to hold a hearing.

What happens at a hearing?

A hearing is a formal legal proceeding that resembles a court trial.

•A Hearing Officer assigned from the PERC staff acts as the judge.

•A court reporter hired by PERC records the proceedings. Parties that want a copy of the transcript must buy a copy from the court reporter.

•The parties must provide evidence (through testimony of witnesses and exhibits) on the disputed issues.

•The rules of evidence used in courts are not strictly applied.

The parties usually file written arguments (briefs) after the hearing is closed.

Will PERC represent me or provide me with an attorney?

No. PERC staff members act in a neutral capacity, and can only answer questions about procedures. PERC staff members cannot provide legal advice or take the side of any party.

Do I need to hire an attorney?

You are not required to have an attorney. However, you should:

•Study the statute and rules.

•Review your claims and evidence.

•Make your own decision about whether you want or need to hire an attorney to represent you at your own expense.

When and how will I be informed of PERC’s decision?

After the hearing has closed and all written arguments have been filed, PERC will issue a written decision based on the evidence received at the hearing. The time target for issuing decisions is 90 days after the last written argument is filed. The PERC staff cannot provide any information about the content of a decision until it is officially issued.

Can my union or employer retaliate against me?

It is illegal for a public employer or a union to retaliate against a public employee who files a petition or gives testimony at a PERC hearing. If you believe you have been the victim of retaliation, contact PERC about filing an unfair labor practice complaint.

If I have other questions, who should I contact?

This pamphlet is designed to provide a general introduction to PERC procedure, and is not intended to provide legal advice on any particular case or issue. If you have questions about PERC procedures not answered by this pamphlet, you can call PERC at 360-570-7300.

What is PERC?

PERC is an independent agency of the State of Washington that is responsible for resolving disputes involving public employers, public employees, and the unions that represent those employees. If you want more information about the agency, visit the PERC website at www.perc.wa.gov.

Who takes the lead in processing representation cases?

If you want to be represented by a union, it must handle the process.

If you and your group have a union and don’t want it to represent you anymore, you will need to handle the process yourselves. You will need to:

•Gather individual cards signed and dated by at least 30% of the employees in the group, saying they no longer want to be represented by the union.

•Fill out PERC Form E-1 (available from the PERC office at 360-570-7300, or on the PERC website).

•File the form and individual cards 90 to 61 days before and existing contract expires (120 to 91 days for state employees), by mailing them to PERC at PO Box 40919, Olympia WA 98504-0919, or deliver them to PERC at 112 Henry St NE, Ste 300, Olympia, WA 98506-4470.

•Give or send a copy of the petition form (but not the individual cards) to the union and employer involved.

If you and your group want to change unions, the new union you desire will handle the process.

For more information please contact:

Public Employment Relations Commission

US MAIL: PO Box 40919

Olympia, WA 98504-0919

ADDRESS: 112 Henry St NE Ste 300

Olympia, WA 98506-4470

E-MAIL: info@perc.wa.gov

TELEPHONE: (360) 570-7300

FACSIMILE: (360) 570-7334

(PERC Logo)

It is the intent of the legislature . . . to provide, in the area of public employment, for the more uniform and impartial (a) adjustment and settlement of complaints, grievances, and disputes arising out of employer-employee relations and, (b) selection and certification of bargaining representatives by transferring jurisdiction of such matters to the Public Employment Relations Commission from other boards and commissions. It is further the intent of the legislature, by such transfer, to achieve more efficient and expert administration of public labor relations administration and to thereby ensure the public of quality public services. RCW 41.58.005 (1975)

This pamphlet concerning “E” cases is available in paper format. PERC staff members should provide a copy to a potential pro se party, when appropriate.

3.5 “Your Right to Be Heard” PAMPHLET ON UNFAIR LABOR PRACTICE CASES

The intended audience for this pamphlet is individual (pro se) employees who are contemplating filing of unfair labor practice charges. They need to know basics about the interference, domination, and discrimination causes of action that individual employees can pursue, and the pamphlet is limited accordingly. The full text (but not the format) of the pamphlet is as follows:

UNFAIR LABOR PRACTICES

and

Your Right To Be Heard Before the

Public Employment Relations Commission

(Scales of Justice Graphic)

This information pamphlet is for public employees who claim that their employer or a union has violated certain state laws in connection with their employment. The Public Employment Relations Commission (PERC) has a process to resolve these disputes.

This pamphlet contains basic information about how PERC processes these cases.

What is an unfair labor practice?

Washington state laws establish certain collective bargaining rights and processes, and authorize PERC to decide claims under those laws. Individual employees have the right to file certain kinds of unfair labor practice cases:

Employees can claim interference if an employer or union threatens reprisal or force, or promises benefit to the employee, in connection with his or her exercise of collective bargaining rights.

Employees can claim domination if an employer provides financial or other support to a union, or an employer involves itself in the internal affairs of a union.

Employees can claim discrimination if an employer or union causes him or her to be deprived of some right, status or benefit in connection with the exercise of collective bargaining rights.

Even if other actions or inaction seem "unfair" to you, those are the only types of unfair labor practice cases that individual employees can pursue.

Individual employees cannot pursue "refusal to bargain" claims before PERC. A duty to bargain in good faith exists between an employer and a union representing its employees, but only those parties can pursue claims under that part of the law.

PERC does not remedy violations of collective bargaining agreements through unfair labor practice cases.

Does PERC have jurisdiction over my employment situation?

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 (cities, counties, etc.) - Chapter 41.56 RCW.

•Port districts - Chapter 41.56 RCW and Chapter 53.18 RCW.

•Public utility districts - 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.

All of these state laws are available from the PERC office, at 360-570-7300, or on PERC's www.perc.wa.gov website. If your employment situation is not on this list, contact PERC for more information.

How does PERC process unfair labor practice cases?

Three different chapters of Washington Administrative Code (WAC) rules apply to these cases:

•Chapter 391-45 WAC - Rules for Unfair Labor Practice Cases.

•Chapter 10-08 WAC - Model Rules of Procedure that control some PERC procedures.

•Chapter 391-08 WAC - Rules of Procedure for all cases processed by PERC.

All of those rules are available from the PERC office, at 360-570-7300, or on PERC's www.perc.wa.gov website.

What happens when an unfair labor practice case is filed?

PERC sends a "Notice of Case Filing" to all parties, with name/address information on all parties and the case number. Please use that case number whenever you contact PERC.

The PERC staff makes sure all necessary information is supplied in the U-1 form, statement of facts and remedy request, and sends all parties a deficiency notice (with a deadline for reply) if anything else is needed.

If it appears that an unfair labor practice violation could be found on the basis of the facts alleged in the complaint, the case is assigned to a PERC staff member, who will contact the parties about scheduling a hearing.

What issues are resolved in unfair labor practice cases?

The only issues that can be resolved in unfair labor practice cases are:

•Whether there was action or inaction prohibited as an "unfair labor practice" in a state collective bargaining law.

•What remedy is appropriate to restore injured parties to the situation that existed before the law was violated.

Other issues related to the collective bargaining process, including violations of collective bargaining agreements, cannot be resolved in these cases.

What happens at a hearing?

A hearing is a formal legal proceeding that resembles a court trial.

•An Examiner assigned from the PERC staff acts as the judge.

•A court reporter hired by PERC records the proceedings. Parties that want a copy of the transcript must buy a copy from the court reporter.

•The parties must provide evidence (through testimony of witnesses and exhibits) on the disputed issues.

•The rules of evidence used in courts are not strictly applied.

The parties usually file written arguments (briefs) after the hearing is closed.

Will PERC represent me or provide me with an attorney?

No. PERC staff members act in a neutral capacity, and can only answer questions about procedures. PERC staff members cannot provide legal advice or take the side of any party.

Do I need to hire an attorney?

You are not required to have an attorney. However, you should:

•Study the statute and rules.

•Review your claims and evidence.

•Make your own decision about whether to hire an attorney to represent you at your own expense.

When and how will I be informed of PERC's decision?

Can my union or employer retaliate against me?

It is illegal for a public employer or a union to retaliate against a public employee who files a case or gives testimony at a PERC hearing. If you believe you have been the victim of retaliation, contact PERC about filing an unfair labor practice complaint.

If I have other questions, who should I contact?

What is PERC?

How do I file a case with PERC?

If you claim an unfair labor practice has been committed, you need to:

•File your claim with PERC within six months after the unfair labor practice.

•Fill out PERC Form U-1 (available from the PERC office, at 360-570-7300, or on the PERC website).

•Write a "Statement of Facts" on separate sheets of paper, using numbered paragraphs to clearly and concisely describe the facts constituting the alleged unfair labor practice, including times, dates, places and participants in the occurrences.

•Write a "Remedy Request" on a separate sheet of paper,

•Mail the form, statement of facts and remedy request to PERC at PO Box 40919, Olympia WA 98504-0919, or deliver them to PERC at 112 Henry Street NE, Ste 300, Olympia, WA 98506.

•Give or send a copy of the form, statement of facts and remedy request to the union and employer involved.

(PERC Logo)

This pamphlet concerning “U” cases is available in paper format. PERC staff members should provide a copy to a potential pro se party, when appropriate.

3.6 “Your Right to be Heard” PAMPHLET ON UNION SECURITY ISSUES

The intended audience for this pamphlet is individual (pro se) employees who are contemplating filing to assert the religious-based right of nonassociation to modify their union security obligations under a collective bargaining agreement. The Supreme Court of the State of Washington narrowly confined PERC’s jurisdiction in Local 2916, IAFF v. PERC, __ Wn.2d __ (1996). The pamphlet is thus limited to informing potential claimants of basics about the right of nonassociation under state law (which is separate and apart from the right to an apportionment of union dues under federal court decisions such as Abood v. Detroit Board of Education, 431 U.S. 209 (1977) and Chicago Teachers Union v. Hudson, 475 U.S. 292 (1986)). The full text (but not the format) of the pamphlet is as follows:

RELIGIOUS OBJECTIONS TO PAYING UNION DUES

and

Your Right To Be Heard Before the

Public Employment Relations Commission

(Scales of Justice Graphic)

This information pamphlet is for public employees who object to paying union dues because of a religious conviction. State law provides a limited exception for employees who have religion-based objections to paying union dues. Unions and employees normally resolve these matters informally, but the Public Employment Relations Commission (PERC) has a process to resolve "nonassociation" disputes when a union and employee disagree.

This pamphlet contains basic information about how PERC processes these cases.

What are nonassociation rights?

Public employees have a right of nonassociation under state laws if:

•The employee is obligated to pay union dues or a representation fee under a collective bargaining agreement covering his or her job; AND

•The claim of nonassociation is based on personally held religious beliefs, or teachings of a church or religious body.

That is the only situation where the right of nonassociation applies, even if employees believe they have other valid reasons to be excluded from union representation or from paying union dues.

Employees who assert the right of nonassociation pay the same amount of money they would have paid as union dues, but the money goes to a union program acceptable to the employee (for state employees) or to a non-religious charity.

An employee who has a religious-based objection to paying union dues should first contact the union to resolve the issue informally.

If the employee and union cannot resolve their differences, either of those parties can start a formal PERC process to get a decision implementing the state law. Public employers cannot start these cases because, even if they hold disputed funds in escrow under the PERC rules, they have no direct interest in the outcome.

Does PERC have jurisdiction over my employment situation?

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 (cities, counties, etc.) - Chapter 41.56 RCW.

•Port districts - Chapter 41.56 RCW and Chapter 53.18 RCW.

•Public utility districts - 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.

All of these state laws are available from the PERC office, at 360-570-7300, or on PERC's www.perc.wa.gov website. If your employment situation is not on this list, contact PERC for more information.

How does PERC process nonassociation cases?

Three different chapters of Washington Administrative Code (WAC) rules apply to these cases:

•Chapter 391-95 WAC - Rules for Nonassociation Cases.

•Chapter 10-08 WAC - Model Rules of Procedure that control some PERC procedures.

•Chapter 391-08 WAC - Rules of Procedure for all cases processed by PERC.

All of those rules are available from the PERC office, at 360-570-7300, or on PERC's www.perc.wa.gov website.

What happens when a nonassociation case is filed?

PERC sends a "Notice of Case Filing" to all parties, with name/address information on all parties and the case number. Please use that case number whenever you contact PERC.

The PERC staff makes sure all necessary information is on the petition, and sends all parties a deficiency notice (with a deadline for reply) if anything else is needed.

If it appears the employee could be eligible to assert the right of nonassociation, the case is assigned to a PERC staff member, who will contact the parties about scheduling a hearing.

What issues are resolved in nonassociation cases?

The only issues that can be resolved in nonassociation cases are:

•Whether the employee is eligible to assert the right of nonassociation.

•Who is to receive payments made by an eligible employee instead of paying union dues.

Other issues related to union security obligations, including compliance with constitutional requirements, cannot be resolved in these cases.

What happens at a hearing?

A hearing is a formal legal proceeding that resembles a court trial.

•An Examiner assigned from the PERC staff acts as the judge.

•A court reporter hired by PERC records the proceedings. Parties that want a copy of the transcript must buy a copy from the court reporter.

•The parties must provide evidence (through testimony of witnesses and exhibits) on the disputed issues.

•The rules of evidence used in courts are not strictly applied.

The parties usually file written arguments (briefs) after the hearing is closed.

Will PERC represent me or provide me with an attorney?

No. PERC staff members act in a neutral capacity, and can only answer questions about procedures. PERC staff members cannot provide legal advice or take the side of any party.

Do I need to hire an attorney?

You are not required to have an attorney. However, you should:

•Study the statute and rules.

•Review your claims and evidence.

•Make your own decision about whether to hire an attorney to represent you at your own expense.

When and how will I be informed of PERC's decision?

Can my union or employer retaliate against me?

If I have other questions, who should I contact?

What is PERC?

How do I file a case with PERC?

If you want PERC to resolve a dispute about nonassociation, you need to:

•Fill out PERC Form N-1 (available from the PERC office, at 360-570-7300, or on the PERC website).

•Mail the form to PERC at PO Box 40919, Olympia, WA 98504-0919, or deliver it to PERC at 112 Henry Street NE, Ste 300, Olympia, WA 98506.

•Give or send a copy of the form to the union and employer involved.

•Employees claiming nonassociation based on teachings of a church or religious body will need to prove: (1) A bona fide religious objection to union membership; AND (2) that the objection is based on a bona fide teaching of a church or religious body; AND (3) that the employee is a member of that church or religious body.

•Employees claiming nonassociation based on personally held religious beliefs will need to prove: (1) A bona fide religious objection to union membership; AND (2) that the religious nature of the objection is genuine and in good faith.

(PERC Logo)

This pamphlet concerning “N” cases is available in paper format. PERC staff members should provide potential pro se claimants with a copy, when appropriate.

3.7 PERC "Practitioner Guide" BOOKLET

The intended audiences for this publication include: (1) individual employees who want to go beyond the basic information provided in one of the “right to be heard” pamphlets; (2) non-attorneys who represent employers and/or employee organizations in proceedings before PERC; and (3) attorneys who are not frequent practitioners before PERC. Apart from text describing various aspects of PERC procedures and hearing processes, the document contains an extensive glossary of labor relations terms.

The Practitioner Guide is available in paper format. PERC staff members should provide a copy to a clientele person making inquiry, when appropriate.

The Practitioner Guide is also available on the PERC website, at www.perc.wa.gov.

3.8 THE "Washington Public Employment Relations Reporter" (WPERR) SERVICE

Having PERC decisions published and indexed was highly important to the original Commission members, and they put potential publishers in contact with their newly-hired Executive Director during the first week that Marvin L. Schurke was on the job! When a “Legal Intelligencer” firm based in New Jersey demanded exclusive rights and designation as the “official reporter” of Commission decisions, the Commission refused those demands and instructed the Executive Director to proceed as follows:

♦ PERC does not provide financial support (including any endorsement or privileged status) to any commercial publishing venture; and

♦ PERC cooperates with any and all commercial publishers that want to publish PERC decisions.

The one publication that got off the ground was the Washington Public Employment Relations Reporter (WPERR). Originally, it was published jointly by Donworth Taylor & Co. of Seattle (a management consulting firm that did the editorial work) and Book Publishing Co. of Seattle (which handled the printing and distribution).

♦ PERC bartered to receive free copies of the WPERR for all Commission and staff members in exchange for providing PERC decisions without the usual copying charge, and contributed no financial support to the publishing venture.

♦ Publication of the WPERR began in April 1977.

♦ There was some criticism from the labor movement, due to the involvement of a management consulting firm in publishing PERC decisions, but PERC’s consistent and truthful responses were that:

► PERC was not providing any financial support to the publishing venture; and

► PERC would cooperate with the labor movement if they wanted to publish PERC decisions.

Nobody associated with the labor movement ever stepped forward, however.

♦ Once the WPERR got going, PERC did suggest and assist with some improvements to the service:

► The WPERR page numbering was changed to utilize the PERC decision numbers (consistent with WAC 391-08-670, which prescribes the proper form of citation for PERC decisions).

► PERC obtained approval from the Association of Labor Relations Agencies (ALRA) for the WPERR to use the National Public Employment Reporter (NPER) index, which had been developed by ALRA under a grant from the Carnegie Foundation of New York.

► PERC assisted with re-indexing the decisions in the WPERR to conform with the NPER system.

► When PERC staff members began preparing FLASH sheets for distribution within the agency, copies of those sheets were forwarded to the WPERR publishers.

When legislative debate on a round of “administrative procedure” bills pointed out a public records law provision requiring agencies to index and publish their decisions, PERC led a successful effort to amend RCW 42.17.260(5)(e) to include:

State agencies may satisfy the [indexing and publishing] requirements of this subsection by making available to the public indexes prepared by other parties but actually used by the agency in its operations.

Visitors to PERC offices were thus provided with access to the WPERR materials used by PERC’s professional staff.

Book Publishing Co. continued to publish the WPERR after the Donworth Taylor firm shut down around 1994. PERC continued to provide decisions and FLASH sheets, and PERC continued to receive sufficient copies of the WPERR for all Commission members and staff members.

LexisNexis bought out Book Publishing Co. in 2001, and discontinued publication of the WPERR soon thereafter.

Complete sets of the WPERR (covering 1976 through 2001) continue to be available in the Kirkland office library, in the Olympia office library, and in the Olympia office lobby. Staff members can invite clientele to use those materials.

3.9 THE "CD-Law" SERVICE

In the 1990's, Seattle-based attorney Scott Wetzel approached PERC about publishing PERC’s decisions on CD-ROM.

♦ Wetzel had licensed and adapted a search engine that was much better than the “ZyIndex” system PERC had been installing/using in-house.

♦ PERC bartered to receive the CD-Law service without charge, in exchange for providing PERC decisions without the usual copying charge, and contributed no financial support to the publishing venture.

♦ When publication of PERC decisions in the “CD-Law” service began, materials were provided on two CD-Rom disks, with quarterly updates in the same format.

♦ Once use of the Internet became popular, CD-Law shifted to using that medium to provide updates between semi-annual or annual issuance of CD-ROM disks.

PERC was able to load CD-Law onto its network drive available to all staff members, and staff members were able to go to the Internet to update their research. Beyond gaining better computer-assisted access to PERC decisions, CD-Law had value to the PERC staff as a source of RCW language, WAC language, and the municipal codes of many Washington cities and counties.

LexisNexis also bought out CD-Law 2001 or 2002, and discontinued publishing CD-Law soon thereafter.

3.10 THE "Westlaw" SERVICE

West Publishing Co. historically published reporter services in print format, including the Supreme Court Reports (S.Ct.), the Federal Reporter (F., F.2d, and F.3d), and Federal Supplement (F.Supp.), as well as the Pacific Reporter (P., P.2d) that includes decisions of the Supreme Court of the State of Washington, and other regional reporters. West moved into computer-based legal research with its Westlaw system, and it approached PERC in the 1990's about including PERC decisions in that system.

♦ PERC bartered to receive discounted Westlaw service, in exchange for providing decisions without the usual copying charge, and contributed no financial support to the publishing venture.

♦ PERC decisions (covering 1976 to present) are available on the Westlaw service.

PERC staff members can advise clientele who are seeking to research/read PERC decisions of their availability on Westlaw.

3.11 THE "Search Engine" ON THE PERC WEBSITE

Once both of the in-state publishers of PERC decisions ceased operations (the WPERR service described in paragraph 3.8, above, and CD-Law service described in paragraph 3.9, above), PERC could no longer avoid the indexing/publication obligations imposed on it by RCW 42.17.260(5)(e). PERC thus invested the money and staff time needed to develop the search engine and decision databases made available on the PERC website at www.perc.wa.gov. The PERC search engine has been through one round of improvements, and will be subject to further improvements in the future. It includes:

♦ A “recent decisions” page providing access to the FLASH sheets (headnotes) for PERC decisions (including Commission decisions, Executive Director decisions, and decisions issued by other staff members). Cases stay on this page for three to five months.

♦ A “search engine” providing access to both the full texts and FLASH sheets for PERC decisions (including Commission decisions, Executive Director decisions, decisions issued by other staff members, and interest arbitration awards issued by staff members and/or outside arbitrators).

♦ PERC decisions (covering 1976 to present) are available through the search engine on the PERC website.

Staff members must advise clientele who are seeking to research/read PERC decisions of their availability on the PERC website!