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.

Labor and management had a long history of costly and inherently disruptive "recognition strike" incidents until Congress and state legislatures applied the majority rule concept to defined bargaining units of employees, and authorized impartial administrative agencies to determine any "Question Concerning Representation" (QCR), by conducting a secret-ballot elections or a confidential cross-check of union and employer records.

Washington statutes authorize the Public Employment Relations Commission (PERC) to resolve any QCR involving public employees under its jurisdiction, and to certify exclusive bargaining representatives.

PERC maintains "laboratory conditions" for employees to exercise their free choice in selecting a bargaining representative,

similar to the role of the National Labor Relations Board (NLRB) in the administration of private sector labor-management relations.

PERC can certify an exclusive bargaining representative (or lack thereof) based on an election or cross-check, as follows:

♦ Chapter 28B.52 RCW (academic faculty of community colleges and technical colleges), only authorizes PERC to conduct elections (RCW 28B.52.030).

♦ Chapter 41.56 RCW (some state employees and all local government including cases arising under Chapters 53.18 and 54.04 RCW), authorizes PERC to:

► Conduct a cross-check by stipulation of the employer and the only union involved (RCW 41.56.060, WAC 391-25-250).

► Direct a cross-check where the showing of interest submitted by only union involved indicates it has the support of 70% or more of the employees in the bargaining unit (RCW 41.56.060, WAC 391-25-391).

► Certify on the basis of a cross-check where serious unfair labor practices have been committed which interfere with holding a fair election (RCW 41.59.070(2)(a)).

♦ Chapter 41.76 RCW (faculty at state institutions of higher education awarding baccalaureate and higher degrees), authorizes PERC to:

► Conduct a cross-check by stipulation of the employer and the only union involved (RCW 41.76.020(6)(a), WAC 391-25-250).

► Conduct a cross-check by stipulation of the employer and the only union involved (WAC 391-25-250).

► Direct a cross-check where the showing of interest submitted by only union involved indicates it has the support of 70% or more of the employees in the bargaining unit (WAC 391-25-396).

♦ Chapter 49.08 RCW (private sector and "other" public sector), authorizes PERC to:

► Conduct an election only by stipulation of the employer and all unions involved (RCW 49.08.010, WAC 391-25-230, 250, -299).

► Conduct a cross-check only by stipulation of the employer and all unions involved ((RCW 49.08.010, WAC 391-25-230, 250, -299).

PERC administers all aspects of the cross-check process, and prepares all documents used in connection with the cross-check.

♦ Employers often dislike cross-checks in general, and particularly dislike "directed" cross-checks, but that is not a basis for appeal until the cross-check is completed and a tally is issued.

♦ The PERC staff member conducting any cross-check must exercise great care to assure that their actions will not provide any procedural basis for objections.

Obtain directly from the employer pre-existing records containing the signatures of all employees on the eligibility list. This can be done in a variety of ways:

♦ Materials supplied by the employer in connection with the filing of a cross-check agreement.

♦ Materials supplied by the employer in response to a telephonic request from the PERC staff. Document the date/time of the request, the name of the person contacted, and the expected date of response on PERCCINS.

♦ Materials supplied by the employer in response to a letter from the PERC staff. Document the date/time of the request, the name of the person contacted, and the expected date of response on PERCCINS.

CAUTION: The call for "pre-existing" signature documents reflects that any employer attempt to solicit fresh signatures from its employees in the midst of an organizing campaign could easily end up in objections proceedings (as a claimed interference with the processing of the representation case).

Employers often provide copies of the "IRS Form W-4" documents (which they are required to have on file in their payroll office for each employee), or copies of documents on file in their personnel offices (employment applications, insurance applications, etc.).

♦ Social security numbers or other "personal" information contained in documents supplied by an employer must not be disclosed by PERC to any person.

♦ Once the cross-check process is completed and the case is closed, the records supplied by the employer will have served their purpose. Destroy the materials 90 days after the close of the case, unless there has been an appeal to court.

Set aside the cards of any employees whose employment was terminated prior to the day of the cross-check. Protect the confidentiality of any such cards.

Set aside the cards of any employees whose eligibility is disputed ("challenged") prior to conducting the cross-check. Protect the confidentiality of any such cards.

Individual employee have a right, under WAC 391-25-410(2), to revoke their authorization for cross-check purposes. Staple the revocation document to the original authorization card prior to conducting the cross-check. Protect the confidentiality of both the withdrawal and the original authorization card.

♦ The rule allowing revocation of authorization for cross-check purposes differs from the rule applicable to a showing of interest (under which attempts to revoke or diminish will not be honored).

♦ The revocation must be furnished to the Commission directly by the employee (including via mail or commercial messenger), and will not be honored if it comes to the Commission via the employer or any union involved.

♦ The staff member processing the case must notify the union (by telephone or e-mail as soon as possible) of the number of revocations that have been received, but do not disclose the names of the employees who have revoked their authorization. (This gives the union a chance to request an election before the cross-check commences.)

Prior to the examination of the first card in a cross-check, the union has the right to request that the question concerning representation be determined by an election.

♦ Requests can be made either orally or in writing. Document the date/time of an oral request, and the name of the person who made the request, on PERCCINS.

♦ If a union official is present at the time and place a cross-check is to be conducted, the PERC staff member should point out WAC 391-25-410(4) and offer a last chance to request an election before the first card is examined.

Unions generally prefer the cross-check methodology, but will exercise the right to request an election if they anticipate that turnover and/or revocations might leave them with valid authorization cards from less than a majority of those eligible.

CAUTION: Once the first card is examined, the "certification bar" period will be invoked regardless of the outcome of the cross-check.

The staff member conducting the cross-check must then compare each remaining card provided by the union (after terminated employee, challenged, and revoked cards have been set aside as described above) against the signature documents provided by the employer. Reject any authorization card if:

♦ The authorization card is unsigned, or merely contains a typewritten signature.

♦ The signature on the authorization card does not compare favorably with a signature among the document(s) provided by the employer.

♦ The signatures on two or more authorization cards are so similar as to suggest a possibility of forgery.

♦ The authorization card was more than 90 days old when filed with the agency (more than 180 days old for state civil service employees).

♦ The authorization card cannot be matched up with a name on the official eligibility list.

Sort the "accepted" and "rejected" authorization cards into separate piles as you make the validity determinations, to enable easy counting for the next step.

CAUTION: The cross-check must be conducted in private, to protect the confidentiality of the employees involved. Allowing a union representative to observe would compromise the confidentiality of any revocations that have been or might be filed!

PERC has promulgated PERC Form E-10 "Tally of Cross-Check" to make and issue a written record of the results of a cross-check. The issuance of a tally sheet is extremely important under PERC's rules, as:

♦ The trigger point for the parties to file conduct objections and other appeals; AND

Fill out a separate E-10 form for each cross-check conducted. Fill in the complete PERC case number and the employer name as listed on PERCCINS for the case. If cross-checks are being conducted at the same time for two or more bargaining units of the same employer, be certain to keep the processes separate from one another!

Line 1 - Fill in the number of employees agreed to be in the bargaining unit. If the eligibility of some individuals is disputed, they are NOT included in the count on this line!

Line 2 - Fill in the number (if any) of disputed employees whose eligibility for inclusion in the unit remains at issue. (These would be challenged voters in an election.)

Line 3 - Add the Line 1 and Line 2 numbers and fill in the result. This is the critical number for determining the result of the cross-check!

Line 4 - Divide the number on Line 3 by "2" and round fractions up to the next whole number. The result of a cross-check is determined by a majority of those eligible in the bargaining unit (including challenged employees but excluding terminated employees):

Line 5 - Fill in the total number of authorization cards submitted by the union.

Line 6 - Fill in the number of cards that have been rejected (including cards from disputed employees, terminated employees, and cards revoked under 5.3.5, above).

Line 7 - Fill in the number of authorization cards accepted under 5.3.7, above, along with the name of the employee organization supported on those authorization cards.

□ Check "eligibility challenges are sufficient in number to affect the results" if challenged employees affect the outcome. This includes both:

► Where removal of one or more challenged employees from the list would sufficiently reduce the majority requirement for the union to win; or

► Where counting the authorization card(s) of challenged employees could sufficiently increase the union's count for it to have a majority of the eligibles.

□ Check "entitled to certification . . ." if the union has the number on Line 4.

□ Check "certification of 'no representative'" if the union lacks the number on Line 4.

Sign and date the tally and serve it on the parties (giving copies to representatives present and asking them to acknowledge service, or by mailing copies to the parties).

PERC staff member(s) who conduct cross-checks must report any problems or unusual circumstances to the Executive Director.

PERC administers all aspects of the election process, and prepares all documents used in connection with a PERC-conducted election.

PERC prepares its ballots in a manner designed to make "stuffing the ballot box" difficult. The ballots actually used at a PERC election:

♦ Can vary in size from the sample ballot which appears on the Notice of Election.

A PERC staff member who has reason to believe an unauthorized duplication of any PERC ballot has been attempted or has occurred, must challenge the non-conforming ballot and must bring the situation to the attention of the Executive Director as soon as possible.

Unit determination elections are utilized to assess the "desires of the employees" in situations where either of two or more bargaining unit configurations could be appropriate.

♦ Unit determination questions are to be framed to pose a choice on a change from the status quo, such as:

"Do you desire to have a bargaining unit separate and apart from other employees of the employer?

"Do you desire to merge your existing bargaining unit with other bargaining units to constitute an employer-wide bargaining unit?

♦ One or more unit determination elections can be conducted at the same time as a representation election involving the same employees, with special requirements as follows:

► The ballots for any unit determination election(s) must be prepared on paper of a different color than the ballots for the representation election.

► Where a merger or combination of bargaining units is at issue, all ballots for a simultaneous representation election in the merged unit must be on one color of paper that is different from the color of the unit determination ballots.

► The results of the unit determination election(s) must always be tallied separately before the representation ballots are tallied.

► Until the results of unit determination election(s) are conclusive, any representation ballots cast by employees eligible to vote in unit determination elections must be kept separate.

♦ Unit determination questions must be approved by a majority of those eligible to vote in the unit determination election.

► If the unit question fails to validate, ballots cast in a simultaneous representation election must be handled accordingly:

• If a proposed severance fails to validate, ballots cast on representation of the proposed separate unit must be impounded.

• If a proposed severance fails to validate, ballots cast on representation of the historical unit must be mixed so that results on the question concerning representation cannot be related back to the previous voting group(s) or bargaining unit(s).

• If a proposed merger fails to validate, ballots cast on representation of the merged unit must be impounded.

• If a proposed merger fails to validate, ballots cast on representation of the historical voting group(s) or bargaining unit(s) must be counted separately.

► If the unit question validates, ballots cast in a simultaneous representation election must be handled accordingly:

• If a proposed severance validates, ballots cast on representation of the proposed separate unit must be counted separately.

• If a proposed severance validates, ballots cast by employees in that voting group on representation of the historical unit must impounded.

• If a proposed merger validates, ballots cast on representation of the merged unit must be mixed so that results on the question concerning representation cannot be related back to the previous voting group(s) or bargaining unit(s).

• If a proposed merger validates, ballots cast on separate representation of one or more of the historical voting group(s) must be impounded.

♦ The situations in which unit determination and representation elections might be conducted simultaneously vary considerably, and conducting separate mail ballot elections is a possibility that should be considered. PERC staff members conducting any such elections must take care to clearly understand the proper "order of march" for handling the particular situation.

Representation elections are used to determine whether a union has the support of a majority of the employees in a particular bargaining unit.

♦ For the initial representation election in a case, the ballot must enable employees to choose between "No Representation" and each of the unions entitled to a place on the ballot.

♦ Where there is only one employee organization involved (such as in "QCR Decert" cases where the incumbent union is the only intervener and "QCR Unorganized" situations with no intervener), the ballot must be structured as a Yes/No question:

♦ Where two or more employee organizations are involved, the ballot for the initial election must be structured as follows:

The order in which the choices appear on the ballot is standardized under PERC practice, as follows:

A. The name of the union that filed the petition is to appear first on the ballot.

C. The name of an incumbent exclusive bargaining representative is to appear first on the ballot in "QCR DECERT" situations where there is an intervener.

D. The name of an incumbent exclusive bargaining representative is to appear second on the ballot in "QCR RAID" and "QCR SEVERANCE" situations.

E. The names of other interveners are to be fitted on the ballot in the order of their intervention, after standard "A" through "D" are met.

PERC uses the state Department of Printing to produce and assemble (and mail, if appropriate) materials for large elections.

PERC has used mail balloting with favorable results dating back to 1976, and has used mail balloting almost exclusively since 1996.

♦ PERC entrusts ballots to the U.S. Mail for transmittal to the eligible voters, and pays the postage for eligible voters to transmit their ballots back to PERC. In addition to any sanctions available from PERC, allegations of tampering with the transmittal of mail ballots will be turned over to federal authorities for prosecution as mail fraud.

♦ All ballots returned by employees are handled exclusively by the PERC staff.

PERC has no independent source of information on the names/addresses of eligible voters, and relies on information provided by the parties to a particular case. PERC does not use or retain such information beyond the processing a pending case.

♦ The QCR Coordinator can ask the employer to provide a set of pre-printed mailing labels containing the name and addresses of the employees involved.

♦ In the absence of labels provided by the employer, the PERC staff must prepare labels from the eligibility list previously obtained from the employer.

♦ Add a colored stripe to the mailing labels (to distinguish between elections conducted at the same time), and mark the color on the calendar in the QCR Coordinator office.

The PERC staff must make all arrangements for the tally of ballots before any ballot materials are mailed, because the deadline for return of ballots and the time/place of the tally must be announced in the notice of election.

♦ One PERC staff member working alone can conduct the tally of a small election. Additional PERC staff members can be assigned to assist with larger elections, multiple tally stations and/or the presence of a large audience.

♦ The tally is usually held in the Hearing Room in PERC's Olympia office. The Business Office must arrange use of any other space needed to accommodate later elections, multiple tally stations and/or the presence of a large audience.

♦ The tally is usually scheduled for the business day following the deadline for return of ballots, beginning at 9:00 a.m. With sufficient PERC staff members helping, even the election for the state-wide independent providers bargaining unit (with 25,501 eligible voters) was completed in one day.

Notices posted on the employer's premises may alert an employee who does not receive mailed ballot materials, either because of incorrect address information or their deliberate or inadvertent omission from the eligibility list. Prepare the notice of election required to be posted on the employer's premises, customizing from the following template:

The Commission is a state agency responsible for the impartial administration of state collective bargaining laws, and THE COMMISSION IS CONDUCTING A SECRET-BALLOT ELECTION among employees of:

THE PURPOSE OF THE ELECTION is to determine what representation, if any, the employees in that bargaining unit desire for the purposes of collective bargaining.

SAMPLE BALLOT:[Insert a copy of the actual ballot (without the security devices) with the word "Sample" stamped across its face.]

If an organization receives the required majority vote, it will be certified as exclusive bargaining representative of the bargaining unit.

THE ELECTION IS BEING HELD BY MAIL BALLOT. Employees will be eligible to vote if they were employed within the bargaining unit on cutoff date,and continue to be employed within the bargaining unit on deadline date (which is the deadline for receipt of ballots by the Commission). DETAILED INSTRUCTIONS WILL BE MAILED WITH THE BALLOT MATERIALS.

CAUTION: If an individual contacting the PERC office claims to be an eligible voter in the election, the PERC staff must promptly supply duplicate ballot materials (for persons on the eligibility list) or challenged ballot materials (for persons not listed as eligible voters) subject to a later eligibility ruling, in order to preserve any voting right.

Prepare the notice of election required to be sent to each eligible voter in an election conducted by mail ballot, customizing from the following template:

The Commission is a state agency responsible for impartial administration of state collective bargaining laws, and THE COMMISSION IS CONDUCTING A SECRET-BALLOT ELECTION among employees of:

THE PURPOSE OF THE ELECTION is to determine what representation, if any, the employees in that bargaining unit desire for the purposes of collective bargaining. If an organization receives the required majority vote, it will be certified as exclusive bargaining representative of the bargaining unit.

THE ELECTION IS BEING HELD BY MAIL BALLOT. Your name appears on the list of employees eligible to vote in this election.

1.AN OFFICIAL SECRET BALLOT IS ENCLOSED with this notice, for you to indicate your vote on the question stated on the ballot. Mark your ballot yourself, within the boxes provided. Do not show your marked ballot to any other person.

2. DO NOT SIGN YOUR BALLOT OR MAKE ANY EXTRA MARKS. Your ballot may be rejected if you put any message on it, or make any marks other than your vote within the boxes provided.

5.DEPOSIT THE RETURN ENVELOPE IN THE U.S. MAIL. Postage is prepaid, and mailing invokes the protection of federal mail fraud laws. Employees can also deliver their own ballots to the Commission's Olympia office (with proper identification). No ballot will be accepted by any other means.

YOUR NAME ON THE RETURN ENVELOPE IS USED TO VERIFY ELIGIBILITY, much like giving your name to the election official at an on-site election. The secrecy of your vote is preserved by:

•Keeping all return envelopes sealed until the time established for the tally of ballots;

•Using the employee names on return envelopes only to check against the eligibility list;

•Removing the return envelopes and mixing the secrecy envelopes to preserve secrecy;

•Removing all of the secrecy envelopes and mixing the ballots before any ballots are counted.

Your ballot will not be counted if you remove your name or return it in some other envelope!

THERE IS A DEADLINE FOR RETURN OF BALLOTS. Your ballot will only be counted if it is received by the Commission on or before: day of week & date, year at time

Inquiries concerning this notice and election should be directed to: use macro initial-frm

Send copies of election documents to the employer, to each of the unions involved, and to any decertification petitioner, as follows:

► Copies for its files of the election notice created for posting on its premises and the election notice created for issuance to eligible voters; and

► Additional copies of the election notice created for posting on its premises, using a 1 copy per 10 employees formula.

♦ Send each employee organization listed on the ballot and each decertification petitioner a cover letter enclosing copies for their files of the election notice created for posting on the employer's premises and the election notice created for issuance to eligible voters.

Issue a set of ballot materials to each employee on the eligibility list, as follows:

□ An outbound envelope addressed to the name and address provided on the eligibility list, and bearing the Commission's name and address in the return address position.

□ A return envelope pre-addressed to the Commission with postage prepaid, and with the name and address of the eligible voter in the return address position.

□ If the parties have reserved an "eligibility" issue concerning a particular employee for post-election determination, the return envelope for that employee must be marked: "CHALLENGED".

► The PERC staff must contact the employer as quickly as possible, to find out if the employer has a better address for the employee.

► Re-issue the ballot materials as quickly as possible, with "Duplicate" stamped on the return envelope.

► Retain the original outer envelope in the case file, with a note showing when and where the duplicate ballot materials were mailed.

♦ Employees on the eligibility list may claim to have lost their ballot, or may claim they did not receive a ballot:

► Re-issue the ballot materials as quickly as possible, with "Duplicate" stamped on the return envelope.

► Notify the eligible voter that only the last ballot received from an individual will be counted, so the original ballot materials (and certainly not used) if they are found or received.

► Place a note in the case file showing the circumstances of the request (such as "phone call from employee" or "revised list from employer" or "request from union") and the date when the duplicate ballot materials were mailed.

♦ Individuals who are not on the eligibility list may contact PERC claiming a right to vote. If such a persons present themselves at the polls for on-site elections, they are permitted to vote by challenged ballot:

► Do not engage in debate with such persons about whether they are or should be eligible to vote in the election.

► Mail a set of ballot materials to the individual as quickly as possible, with "Challenged" stamped on the return envelope.

► Put a note in the case file, showing the name of the individual, the circumstances of the request (such as "telephone call from individual"), any facts the individual volunteer/asserts about his or her claim of eligibility to vote, and the address to which the ballot materials were sent.

► Notify all of the parties to the case of the name and address of the individual(s) who have been sent challenged ballot materials, so the parties can do their own research on the eligibility claim asserted by the individual(s).

The PERC staff must preserve any mail ballots returned by the U.S. Postal Service under secure conditions.

♦ PERC staff members can sort return unopened envelopes (such as by alphabetical order or other appropriate sequence) to get ready for eligibility verification that must occur as part of the official tally of ballots.

PERC is implementing the statutory right of individual employees to vote on their representation, so PERC will accept a ballot directly from an employee:

♦ Ask the individual for proof of identity (preferably a driver's license, military ID, agency ID, or passport).

► Write "delivered personally" and your initials on the outside of the return envelope, and place it with the other ballots for the election.

♦ Inform an individual who is attempting to deliver a ballot for some other person that the ballot would be voided because of improper delivery.

► Offer the individual the opportunity to take the ballot back to the actual voter.

► If the individual leaves the ballot, date-stamp the return envelope, mark "delivered by somebody other than voter" and your initials on the outside of the return envelope, and place it with the other ballots for the election.

Arrange the room so that only PERC staff members will be in a position to handle the ballots cast by employees.

♦ Parties may have observers present during the tally of ballots (including persons that would not be permitted to serve as observers during on-site polling), but they must remain far enough away from the ballots to assure there is no question about the security of the process.

♦ Members of the news media and the general public can watch the tally of ballots, but the must not usurp the rights or positions of the parties' observers.

♦ Perform the "Empty Ballot Box Ceremony" for the benefit of any clientele representatives and/or bargaining unit employees who are present at the tally. (Even if this seems trite after doing it many times, it demonstrates to unfamiliar (and sometimes doubtful) audiences that the ballot box is really empty before any ballots are processed.)

♦ Explain the "Four Phase Processing" of ballots to any clientele representatives and/or bargaining unit employees who are present at the tally, as follows:

1. Return address labels are used to check off voter eligibility, and to allow the parties' representatives and/or PERC staff to assert any challenges.

2. The return envelopes will be stripped off, and the contents will be mixed to preserve the secrecy of the ballots.

3. Any secrecy envelopes will be stripped off, and the ballots will be mixed again to further guarantee their secrecy.

Ask if members of the audience have any questions, and attempt to answer any questions they ask.

CAUTION: There would be no way to recover from the error if the existence of a duplicate or challenged ballot is not discovered until after some or all of the return envelopes have been stripped off.

♦ Check the eligibility of each voter individually, reading off the names from the labels on the return envelopes as if the voter was present to "sound out" his/her own name.

CAUTION: As described in the notices sent to employees, PERC must void any ballot returned with the employee name/address information removed or obliterated.

► Set aside return envelopes pre-marked "DUPLICATE" to guard against the possibility that both the original and duplicate ballots will be returned. If both return envelopes are voted, clip them together at this point in the procedure.

► Set aside return envelopes pre-marked "CHALLENGED" for use by employees whose eligibility is in dispute, or by persons who claimed a right to vote even though they are not on the eligibility list.

► Set aside any return envelopes challenged by a party when the label is read against the eligibility list. (This replicates the right of a party to challenge the eligibility of voters presenting themselves at the polls for an on-site election.) Act promptly, as follows:

• Do not engage in debate with the parties (or cut off debate among the parties' observers) about the eligibility of the voter.

Try to clear questioned ballots set aside in 5.6.10 before opening any return envelopes. This will help preserve the secrecy of any ballots that are accepted, because any ballots cleared for counting can be mixed with other ballots before any ballots are counted.

CAUTION: Omit this step if one or more parties is not represented at the tally of ballots. PERC staff members can only solicit/accept stipulations from all parties, and have no authority to rule on challenges.

♦ If the return address label has been removed or obliterated from the return envelope, mark the outside of the return envelope:

♦ If a ballot is visibly non-conforming (as to color at this point in the process), leave it in the return envelope and mark it:

♦ If duplicate ballots are received from the same eligible voter, inform the parties that the custom is to accept the last-received ballot and void the others. If all parties stipulate to apply the customary rule, put the last-received ballot with the unchallenged ballots and mark the outside of the remaining return envelope(s):

The parties' stipulation to accept the latest-filed ballot will be enforced, in the event anybody files election objections. IF THE PARTIES DO NOT STIPULATE to use the customary procedure, clip the duplicate ballots together and mark them:

Set the duplicate ballots aside (unopened) for possible post-election proceedings.

♦ If a challenged voter is NOT ELIGIBLE to vote, per the stipulation of all parties, mark the outside of the challenged ballot envelope as follows:

♦ If a challenged voter is ELIGIBLE to vote, per the stipulation of all parties, place the return envelope with the other return envelopes before any envelopes are opened. Overwrite the "challenged" markings on the outside of the return envelope as follows:

The stipulation of the parties and acceptance of the ballot will preclude any post-election proceedings.

Use an electric or hand letter opener to open the return envelopes, and place the contents in the ballot box (or in controlled piles out-of-reach of the parties' observers at the table).

CAUTION: The failure of an eligible voter to use the "secrecy" envelope provided by PERC is not a basis to void or challenge the ballot. The PERC staff must, however, protect the secrecy of the ballot by mixing it with other materials in the ballot box or on the table.

♦ Mix the ballots in the ballot box or on the table, to assure their dis-association from the return envelopes in which they arrived at PERC.

♦ At least spot-check the return envelopes for inadvertent failure to remove contents.

Use an electric or hand letter opener to open the secrecy envelopes, and place the ballots in the ballot box (or in controlled piles out-of-reach of the parties' observers at the table).

♦ Mix the ballots again in the ballot box or on the table, to assure their secrecy.

♦ At least spot-check the secrecy envelopes for inadvertent failure to remove ballots.

Count ballots in a manner that will not give rise to doubts about the security or propriety of the procedure. The parties' representatives are entitled to observe the actions of PERC staff members.

CAUTION: Only PERC staff members are to handle the ballot box and ballots during the tally process.

► Watch for messages, signatures, or other identifying marks that could be a basis for voiding the ballot, and set aside any such ballots.

► Watch for any non-conforming ballot (such as ballots printed on different paper, ballots with a different typeface, ballots with a different font size, ballots with a security device of a different size, and/or ballots containing different text). Set aside any such ballots.

► Keep your focus on the counting of ballots. Answer relevant questions or comments from the parties' observers, but tune out counting, celebrations, or mourning by others in attendance.

► Use paper clips, rubber bands, or cross-stacking to create packets of 10 ballots each (a single packet can be used for small elections).

♦ RECOUNT EACH PACKET. Recount any packet a third time if the first two counts do not match, or if requested by any person present.

♦ ANNOUNCE THE PRELIMINARY RESULT. Recount the entire election if the results are close and/or a recount is requested by one or more of the parties.

The PERC staff member in charge at any election tally must rule on any "questioned" ballots that are discovered.

♦ Review all questioned ballots with the parties, and solicit their positions on the disposition of each questioned ballot. (Their willingness to stipulate the disposition of questioned ballots will likely increase if the election result will not be changed.)

♦ For each questioned ballot, write the parties' positions on a separate sheet of paper that you clip or staple to the ballot.

♦ Rule on whether each "Questioned" ballot should be counted or declared void. (This differs from rulings on eligibility under 5.6.11, where the PERC election official lacks authority to make rulings, because this process is limited to disposition of ballots cast by already-eligible voters.)

► Declare any ballot "VOID" if it does not conform with the ballots issued by PERC for the particular election.

► Declare any ballot "VOID" if it contains any signature, extraneous marks, or messages on either the front or the back of the ballot.

► Declare any ballot "VOID" if the only mark is completely outside of the boxes.

CAUTION: The crucial task in examining ballots is to ascertain the intent of the voter. If the voter's attempt to change their choice leaves their intent unclear, you must void the ballot.

A party who is dissatisfied with the ruling of the PERC staff member on a questioned ballot can file post-election objections to obtain a ruling from the Commission.

The PERC staff member(s) must preserve some materials handled in the tally process. If a party files election objections, the Commission may need to examine the materials!

♦ Discard the secrecy envelopes and the chads/strips from the electric letter opener.

♦ Group all of the counted ballots together, and place them next in the stack or tray.

♦ Group all of the "VOID" ballots together, and place them next in the stack or tray.

♦ Place all marked eligibility lists and any "CHALLENGED" ballots together, and place them at the top of a stack (or in the front of a tray), where they can easily be found.

Mark the stack(s) or tray(s) with the case number and place them in a locked file cabinet in or near the office of the QCR Coordinator. Election materials are discarded 90 days after the case is closed, unless there is an appeal to court.

PERC has promulgated PERC Form E-9 "Tally of Election Ballots" to make and issue a written record of the results of an election. The issuance of a tally sheet is:

♦ The trigger point for the parties to file conduct objections and other appeals; AND

Fill in the complete PERC case number and the employer name listed on PERCCINS for the case. If elections are being conducted at the same time for two or more bargaining units of the same employer, be certain to keep the processes separate from one another!

Line 1 - Fill in the number of employees claimed to be in the bargaining unit. Any employees whose eligibility is disputed ARE INCLUDED in the count on this line!

Line 2 - Fill in the number of "VOID" ballots set aside under 5.6.11 and/or 5.6.14.

Line 3 - Fill in the name of the first employee organization listed on the ballot and the number of ballots counted for that organization.

Line 4 - Fill in the name of the second employee organization listed on the ballot (if any) or write "n/a" and fill in the number of ballots counted for that organization or write "-".

Line 5 - Fill in the name of the third employee organization listed on the ballot (if any) or write "n/a" and fill in the number of ballots counted for that organization or write "-".

Line 6 - Fill in the number of ballots cast for the "No Representation" choice on the ballot.

Line 7 - Add the numbers on Lines 3, 4, 5 and 6, and fill in the result. Recheck your math!

Line 8 - Fill in the number of "CHALLENGED" ballots that remained unresolved (and are thus reserved for the Executive Director and/or Commission) under 5.6.11.

Line 9 - Add the numbers on Lines 7 and 8, and fill in the result. Recheck your math!

Line 10 - Compute the ballots needed to determine the election and fill in the result:

• Exception for 3-way ballots under Chapter 41.56 RCW (only): Divide the number on Line 1 by "2" and round fractions up to the next whole number:

Line 11 - Check "are sufficient" if any combination of math could make the challenged ballots (Line 8) affect the outcome of the election. Otherwise check "do not affect".

Line 12 - Check "conclusive" and fill in 3,4,5, or 6 if one of those choices is a winner. Otherwise check the "inconclusive" box.

Sign and date the tally and serve copies (both sides) by giving copies to representatives present (and asking them to acknowledge service) or by mailing copies to the parties.

PERC staff member(s) who conduct elections must report any problems or unusual circumstances to the Executive Director.

Although now used only infrequently, PERC held many on-site elections in the past and the NLRB uses on-site elections almost exclusively. The Executive Director makes case-by-case evaluations, in light of the history and efficiencies described in 5.9, below.

The PERC staff member must make all arrangements for polling places before any notices are posted. The exact polling place(s) must be announced in the notice of election.

♦ Polling places must be on the employer's premises or on an adjacent "neutral" site made available to PERC without any cost to PERC.

♦ Polling places must be reasonably accessible to voters. (Locations outside walking distance are suspect, but this does not require a polling place in each work area.)

♦ Polling places must not be within sight of management offices. (This avoids concerns/allegations about management surveillance of the voting. Employers can accommodate the elections by installing curtains or other view blockers, or by having management officials vacate the area during hours of voting.)

The PERC staff member must make all arrangements for polling dates/times before any notices are posted. Exact information must be announced in the notice of election.

♦ A period of one hour is the practical minimum for the polls to be open. (Even with a very small unit, some employee may have to travel from home to vote.)

♦ Arrange longer polling times for larger units. A "100 ballots per hour" pace for voting is optomistic.

♦ Consider the parties' requests/suggestions about polling times (such as shift changes) which would make the polls accessible to the greatest number of eligible voters.

The PERC staff must make all arrangements for the tally of ballots before any notices are posted. The arrangements must be sent to the parties with the notices.

♦ One PERC staff member can conduct the tally of a small election, but additional PERC staff members should be assigned to assist with larger elections, multiple tally stations and/or the presence of a large audience.

♦ The tally is usually held in the polling place (or in the last polling place of the day) as soon as possible after the polls close.

Prepare the notice of election required to be posted on the employer's premises, customizing from the following format:

The Commission is a state agency responsible for the impartial administration of state collective bargaining laws, and THE COMMISSION IS CONDUCTING A SECRET-BALLOT ELECTION among employees of:

THE PURPOSE OF THE ELECTION is to determine what representation, if any, the employees in that bargaining unit desire for the purposes of collective bargaining

SAMPLE BALLOT:[Insert a copy of the actual ballot (without the security devices) with the word "Sample" stamped across its face.]

If an organization receives the required majority vote, it will be certified as exclusive bargaining representative of the bargaining unit.

Employees will be eligible to vote if they were employed within the bargaining unit on cut off date, and continue to be employed within the bargaining unit at the close of the polls.

PERC rules require that the "Notice of Election" be posted on the employer's premises for at least seven days prior to any election. See WAC 391-25-430.

Supply copies of election documents to the employers, to each of the unions involved, and to any decertification petitioner, as follows:

► A copy for its files of the election notice created for posting on its premises;

► Additional copies of the election notice created for posting on its premises, using a 1 copy per 10 employees formula.

♦ Send each employee organization listed on the ballot and each decertification petitioner a cover letter enclosing a copy for their files of the election notice created for posting on the employer's premises, and a copy of the PERC "Instructions to Observers" form.

Before leaving the office to conduct an on-site election, the assigned PERC staff member must be certain that everything is in good order. Materials needed include:

□ Ballots contain the correct names of the employer and all employee organizations that are to be on the ballot.

□ Tally of ballots forms (preferably with the case number and names of parties filled in).

Arrange to meet the parties' representatives at the polling place (or at the first polling place of a multi-site election) 30 minutes prior to the time announced for the opening of the polls. Matters to be covered at that meeting are:

► If the promised room is not available for any reason that could be cured by some exercise of discretion, ask the person in charge at the building to make the room available and point out that any last-minute change of arrangements could be a basis for election objections.

► If the promised room turns out to be marginal, do your best to make it work.

► If the promised room turns out to be completely inadequate or inappropriate, ask the person in charge at the building to provide another space that would be appropriate.

♦ Verify that the polling place is not within sight of management offices, or that management officials have vacated the area to avoid any claims of management surveillance of the voting.

♦ Post "PERC ELECTION" signs immediately outside the polling place. Post additional signs, as needed, to direct voters to the preferred route to reach the polling place.

♦ Set up the polling place to meet PERC's needs. An ideal arrangement would be something like:

Entry Door
V
V						Private
------->	Voter Route --------->----------->----------->----------->------------>------------->					Voting
		"Sounds-off	Picks up		<-------	Area
		w/ name	Ballot		V
					V
				Ballot	Deposits
		Table		Box	Ballot
					V
					V
	Party	Party	PERC		V
	Observer	Observer	Staff Mbr		V
					V
					V
					Exit Door

► Set aside one or more tables or desks where voters will have privacy for marking their ballots. (PERC does not have voting booths.)

► Position the PERC staff member and the parties' observers at a table, with the PERC staff member closest to the ballot box.

► Position any partisan observers so that they will be able to identify eligible voters (and challenged persons claimed ineligible) before the individual reaches the PERC staff member.

♦ Compare/synchronize the watches of the PERC staff member and parties' observers.

► If there is a working wall clock in the room, solicit a stipulation that it will (or will not) be the "official" timepiece for the election.

► If there is no working clock or stipulation, the PERC staff member must use his/her own watch as the "official" timepiece for the election.

♦ Remind the parties that there can be no electioneering "at or about the polling area" during the hours of voting. If necessary or if called upon to do so:

► Remind the parties' representatives that electioneering misconduct could be a basis for setting aside the election results.

► Remind union officials and management officials that they are not to be seen around the polling place while the polls are open.

CAUTION: Union and management officials are permitted to re-enter the polling place if the ballot box has to be sealed (e.g., between polling sessions), and for the tally of ballots.

♦ Remind the parties that employees must have unfettered access to the polling place, and that any interference could be a basis for setting aside the election results.

♦ Go over the Official Eligibility List for any last-minute additions or deletions. Solicit stipulations to reduce the potential for having to process challenged ballots while the polls are open.

♦ PERFORM THE "EMPTY BOX" CEREMONY, to demonstrate that the ballot box is completely empty before any ballots are processed.

♦ Identify any partisan observers who are present at that time, and provide them with the PERC "Instructions for Observers" form.

♦ Supply the parties' representatives with additional copies of the PERC "Instructions to Observers" form, if requested for later-shift observers.

The employer, each organization appearing on the ballot, and any decertification petitioner are each entitled to be represented at the polls by observers of their own choosing under WAC 391-25-490, except:

•No management official having authority over bargaining unit employees shall serve as an observer.

•No officer or paid employee of an employee organization shall serve as an observer.

1.Assist with the identification of voters. Voters will be asked to "sound off" their names.

2.Mark the OFFICIAL ELIGIBILITY LIST at the name of each person given a ballot. Each observer is to make a mark (identifiable by ink color or position before/after the voter's name).

3.Challenge the eligibility of a voter if a discrepancy is noted. Challenges must for good cause, and must be made before the voter deposits his/her ballot in the ballot box. (The PERC Election Official must is obligated to challenge the eligibility of any person who is not on the OFFICIAL ELIGIBILITY LIST. No person can be prohibited from at least casting a challenged ballot.

4.Help to assure that only one voter occupies a voting booth or station at any time.

6.Help to assure that voters leave the polling place immediately after depositing their ballots.

9.If assigned to observe the tally (counting) of ballots, remain until all ballots are counted and receive a copy of the official TALLY OF BALLOTS.

NOTE: The PERC Election Official does not have authority to resolve challenges at the polls, but can accept the stipulation of all parties that a challenged voter was either eligible or ineligible to vote. If challenged ballots are sufficient in number to affect the outcome of the election, the challenges will be resolved after a formal hearing.

1.Observers must conduct themselves so nobody can fault their actions during the election.

2.Do not attempt to advise or assist any voter. Only the PERC Election Official is permitted to assist a voter.

4.Avoid arguments while the polls are open. If a disagreement arises, the ballot will be challenged and the parties will be asked to state their positions at the tally of ballots.

The OFFICIAL ELIGIBILITY LIST is the only record to be made showing whether a person has voted, and observers should focus on making that list as accurate as possible.

AS OFFICIAL REPRESENTATIVE OF THE PARTIES, OBSERVERS SHOULD TAKE ON THIS TASK WITH A FAIR AND OPEN MIND. OBSERVERS ARE PRESENT TO ASSIST PERC WITH CONDUCTING A FAIR AND IMPARTIAL ELECTION, SO THAT EACH ELIGIBLE VOTER HAS THE OPPORTUNITY TO VOTE FREELY AND IN SECRET.

♦ Verify that none of the observers at an on-site election are paid union officials or supervisors of bargaining unit employees. ("Confidential" employees can be observers at on-site elections.)

♦ Explain that observers are selected by the parties they represent, but are present in the polling place (like being "deputized') to assist the Commission with the identification of voters and the orderly conduct of the election, and that:

► The Commission depends on the observers to properly identify eligible voters.

► The observers must NOT wear any campaign/membership insignia while assisting the impartial process in the polling place.

► The observers should keep their focus on checking off names on the Official Eligibility List. (For elections other than those involving state civil service employees, add that taking a list of voters out of the polling place could be grounds for setting aside the election.)

♦ Explain that all observers must sign-in and sign-out on an appearance sheet provided by PERC (with notation of the times in and out) if they leave or enter the polling place while the polls are open.

♦ Pass out colored pens or pencils for observers to mark the Official Eligibility List.

► Two observers can usually be positioned to mark one copy of the Official Eligibility List (e.g., using different colors to marks names when they vote).

► If there are three or more observers, or where the physical arrangements dictate, have each observer mark a separate copy of the Official Eligibility List.

♦ Instruct the observers to announce any challenges when voter announce their names, and explain that the opportunity to challenge a voter is forfeited once the ballot is in the ballot box.

A PERC staff member MUST be present and have control of the ballots and ballot box at all times when the polls are open.

♦ Ask the voters state their names aloud when they present themselves to vote, even if the observers appear to know them.

♦ Before giving the voter a ballot, allow the observers sufficient time to locate and check off the name on the Official Eligibility List, and/or to announce a challenge.

♦ Keep a copy of the Official Eligibility List in front of you throughout the election, and make your own checkmarks on that copy of the list.

► Every person who presents themselves at the polls must be permitted to cast a challenged ballot.

► Challenge any voter whose name is not on the Official Eligibility List, even if the observers agree the person should have been on that list.

► Do not engage in debate with a party that challenges a person who presents himself/herself to vote, and cut off debate between the parties' observers.

► Fill out the challenged ballot envelope with the voter's name, the source of the challenge (party or PERC official), and the reason for the challenge.

► Advise the voter that he/she will be permitted to vote by challenged ballot. (If the voter asks for further explanation, explain that the problem may be cleared up at the tally, and that the secrecy of the ballot will be preserved if at all possible.)

► Instruct the voter to mark the ballot and then seal it in that envelope before returning it for deposit in the ballot box.

♦ Hand ballots to unchallenged, direct them to the ballot-marking area, and instruct them to return and deposit the ballot in the ballot box.

♦ If a voter returns claiming to have spoiled his/her ballot, provide a fresh ballot only in exchange for the spoiled ballot.

CAUTION: Tear up any spoiled ballot immediately, both to preserve the secrecy of any marks on it and to avoid getting it mixed with valid ballots.

♦ Assist any voter that requests assistance in reading or marking their ballot. While doing so:

♦ Have the voters deposit their own ballots in the ballot box (or assist them in doing so) while guarding against insertion of any other material into the ballot box.

► Do not permit voters to socialize with observers or others in the polling area.

► If necessary, politely ask voters who have cast ballots to leave the polling place.

At the time appointed for closing of the polls, the PERC staff member must secure the area as quickly as possible.

♦ If voters are waiting in line when the "polls closed" announcement is made, clearly identify the last person in line and add: "These voters already waiting in line will be permitted to cast their ballots."

♦ Persons who arrive after the "polls closed" announcement but before the last already-waiting voter deposits his/her ballot must be permitted to cast a challenged ballot.

♦ Persons who arrive at the polling place after the last already-waiting voter has cast his/her ballot must be turned away.

♦ Seal the ballot box unless the tally of ballots is to occur in the same room immediately after the closing of the polls. Such situations include:

Place tape over the slot and the latch/door on the ballot box, and sign those pieces of tape. Observers can also be invited to sign the tape.

Try to get stipulations on any challenged ballots before counting any ballots. This will help preserve the secrecy of any ballots that are accepted, because they will be mixed with other ballots before being counted.

CAUTION: Omit this step if one or more of the parties is not represented at the tally of ballots. PERC staff members can only solicit/accept stipulations, and have no authority to rule on challenges.

♦ Open the ballot box and pull out all of the challenged ballot envelopes. Go through those situations individually.

♦ If a challenged voter is NOT ELIGIBLE per the stipulation of all parties, mark the outside of the challenged ballot envelope as follows:

♦ If a challenged voter is ELIGIBLE per the stipulation of all parties, open the challenged ballot envelope and place the ballot in the ballot box. Overwrite the "challenged" markings on the outside of the envelope as follows:

The stipulation of the parties and acceptance of the ballot will preclude any post-election proceedings.

If one or more challenged ballots remain unresolved, write the number of challenged ballots on the tally sheet.

Count ballots in a manner that will not give rise to doubts about the security or propriety of the procedure. The parties' representatives are entitled to observe the actions of PERC staff members.

CAUTION: Only PERC staff members are to handle the ballot box and ballots during the tally process.

► Watch for messages, signatures, or other identifying marks that could be a basis for voiding the ballot, and set aside any such ballots.

► Watch for any non-conforming ballot (such as ballots printed on different paper, ballots with a different typeface, ballots with a different font size, ballots with a security device of different size, and/or ballots containing different text). Set any such ballots aside as "questioned" ballots.

► Keep your focus on the counting of ballots. Answer relevant questions or comments from the parties' observers, but tune out counting, celebrations, or mourning by others in attendance.

► Use paper clips, rubber bands, or cross-stacking to create packets of 10 ballots each (a single packet can be used for small elections).

♦ RECOUNT EACH PACKET. Recount any packet a third time if the first two counts do not match, or if requested by any person present.

♦ ANNOUNCE THE PRELIMINARY RESULT. Recount the entire election if the results are close and/or a recount is requested by one or more of the parties.

The PERC staff member in charge at any election tally must rule on any "questioned" ballots that are discovered, regardless of whether all parties are represented at the tally. (The willingness of parties to stipulate the disposition of questioned ballots may increase if the election result will not be changed.)

♦ Review all questioned ballots with the parties, and solicit their positions on the disposition of each questioned ballot.

♦ For each questioned ballot, write the parties' positions on a separate sheet of paper that you clip or staple to the ballot.

♦ Rule on whether each "questioned" ballot should be counted or declared void. (This differs from rulings on eligibility under 5.7.8, where the election official lacks authority to make rulings, because this process is limited to disposition of ballots cast by already-eligible voters.

► Declare any ballot "VOID" if it does not conform with the ballots issued by PERC for the particular election.

► Declare any ballot "VOID" if it contains any signature, extraneous marks, or messages on either the front or the back of the ballot.

► Declare any ballot "VOID" if the only mark is completely outside of the boxes provided on the ballot.

CAUTION: The crucial task in examining ballots is to ascertain the intent of the voter. If the voter's attempt to change their choice leaves their intent unclear, you must void the ballot.

A party who is dissatisfied with the ruling of the PERC staff member on a questioned ballot can file post-election objections to obtain a ruling from the Commission.

PERC has promulgated PERC Form E-9 "Tally of Election Ballots" to make and issue a written record of the results of an election. The issuance of a tally sheet is:

♦ The trigger point for the parties to file conduct objections and other appeals; AND

If elections are being conducted at the same time for two or more bargaining units of the same employer, be certain to keep the processes separate from one another!

Fill in the complete PERC case number and the employer name listed on PERCCINS for the case.