Washington Administrative Code Title 391 - Public Employment Relations Commission
Washington Administrative Code (WAC) Title 391: Public Employment Relations Commission (PERC)
What is PERC?
The Public Employment Relations Commission (PERC) is an independent state agency responsible for administering Washington's collective bargaining laws for public employees. PERC oversees labor relations in the public sector, including state employees, local governments, school districts, and other public entities.
Overview of WAC Title 391
WAC Title 391 contains the rules and procedures that govern PERC’s operations, including:
Filing and processing unfair labor practice complaints
Certification of exclusive bargaining representatives (unions)
Conduct of representation elections
Mediation and arbitration procedures
Standards for bargaining units and elections
Hearings and appeals processes
Key Sections of WAC Title 391
1. Representation Proceedings (WAC 391-10)
This section governs the procedures for recognizing or decertifying employee bargaining representatives.
Petitions for Representation: Employees or unions file petitions to be certified as exclusive bargaining representatives.
Eligibility: Defines which employees qualify for inclusion in bargaining units (e.g., excludes supervisors or confidential employees).
Elections: Procedures for conducting secret-ballot elections to determine union representation.
Objections and Appeals: Provides mechanisms to challenge election results or bargaining unit determinations.
2. Unfair Labor Practices (WAC 391-20)
This section details the rules for filing and processing complaints alleging unfair labor practices (ULPs) by public employers, unions, or employees.
Filing Complaints: Anyone can file a ULP complaint alleging violations such as interference with union activities or refusal to bargain.
Investigation: PERC investigates complaints and may hold hearings.
Remedies: PERC can order remedies including cease-and-desist orders, bargaining orders, or reinstatement of employees.
3. Mediation and Arbitration (WAC 391-30)
This section governs dispute resolution when collective bargaining impasses occur.
Mediation: PERC provides mediators to assist parties in reaching agreements.
Fact-Finding: When mediation fails, PERC can appoint fact-finders to investigate disputes.
Arbitration: Arbitration may be used for grievances or bargaining disputes under certain conditions.
4. Hearings and Appeals (WAC 391-40)
Rules governing formal hearings before PERC hearing officers and appeals to the Commission.
Statutory Background
WAC Title 391 implements the Public Employment Relations Act (PERA), found in RCW Chapter 41.56, which governs labor relations between public employers and employees in Washington State.
Important Case Law Related to PERC and WAC Title 391
Several court decisions have shaped how PERC’s authority and procedures are understood.
1. Washington State Patrolman’s Ass’n v. Public Employment Relations Commission, 99 Wn.2d 459 (1983)
Issue: Does PERC have authority to order employer recognition of a union without an election?
Facts: A union claimed exclusive representation status based on majority support but without a formal election.
Holding: The Washington Supreme Court held PERC may issue a bargaining order recognizing a union if the employer unlawfully refuses to bargain and the union can show majority support.
Significance: Affirmed PERC’s remedial powers under PERA to remedy unfair labor practices, including ordering recognition of a union even without election results.
2. City of Bellevue v. Public Employment Relations Commission, 154 Wn.2d 618 (2005)
Issue: Can PERC define the scope of appropriate bargaining units?
Facts: Dispute over whether certain employees should be included in separate bargaining units.
Holding: The Court ruled that PERC has broad discretion to determine appropriate bargaining units, based on community of interest and statutory criteria.
Significance: Confirms PERC’s authority under WAC 391 and PERA to establish bargaining units that promote effective labor relations.
3. Seattle Firefighters Union Local 27 v. City of Seattle, 165 Wn.2d 240 (2008)
Issue: Can PERC order arbitration of bargaining disputes when the employer refuses to bargain in good faith?
Holding: The Supreme Court confirmed that PERC may require parties to engage in mediation or arbitration to resolve bargaining impasses.
Significance: Upholds PERC’s role in resolving labor disputes and enforcing the duty to bargain in good faith.
4. International Ass'n of Fire Fighters Local 27 v. City of Tacoma, 91 Wn.App. 748 (1998)
Issue: Whether employer conduct constituted an unfair labor practice interfering with union activities.
Holding: The Court found that employer actions undermining union organizing efforts violated PERA and PERC’s rules.
Significance: Reinforces protections against employer interference and confirms PERC’s authority to investigate and remedy such conduct.
How WAC Title 391 Reflects These Principles
Remedial Authority: WAC Title 391 codifies procedures for PERC to investigate ULPs and issue orders consistent with court decisions like Washington State Patrolman’s Ass’n.
Unit Determination: The WAC gives detailed criteria for defining bargaining units, consistent with City of Bellevue.
Representation Elections: Ensures fair and democratic processes for union certification.
Dispute Resolution: Mediation and arbitration procedures in the WAC align with court rulings emphasizing PERC’s role in enforcing good faith bargaining.
Due Process: Hearing and appeals provisions ensure parties can challenge decisions fairly, reflecting constitutional and statutory due process requirements.
Practical Impact for Public Employees and Employers
Employees: Can seek representation by unions through secret-ballot elections or PERC orders if unfair practices occur.
Unions: Must comply with PERC rules for representation and bargaining, and can seek remedies for employer unfair labor practices.
Employers: Required to bargain in good faith, cannot interfere with union activities, and must comply with PERC orders or face penalties.
Disputes: Parties use mediation, fact-finding, and arbitration under PERC supervision to resolve bargaining impasses.
Summary Table
| Topic | WAC 391 Provisions | Relevant Case Law |
|---|---|---|
| Union Certification | Representation petitions, elections | Washington State Patrolman’s Ass’n (1983) |
| Bargaining Units | Unit determination criteria | City of Bellevue (2005) |
| Unfair Labor Practices | Complaint process, remedies | Int’l Ass'n of Fire Fighters v. Tacoma (1998) |
| Dispute Resolution | Mediation, arbitration | Seattle Firefighters Local 27 (2008) |
| Hearings & Appeals | Procedures for formal hearings | Consistent with due process requirements |
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