14-22-006

WSR 14-22-006

EXPEDITED RULES

PUBLIC EMPLOYMENT

RELATIONS COMMISSION

[Filed October 23, 2014, 9:10 a.m.]

Title of Rule and Other Identifying Information: Rules governing the appointment of public employment relations commission staff arbitrators, WAC 391-65-072 and 391-65-073.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Michael P. Sellars, Executive Director, Public Employment Relations Commission, 112 Henry Street, Suite 300, Olympia, WA 9850 [98506], AND RECEIVED BY January 5, 2015.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Under current agency rule, PERC will not appoint agency staff members to conduct grievance arbitrations involving school districts and community college districts. By repealing WAC 391-65-072 and 391-65-073, school districts, community colleges, and the labor organizations representing employees at school district and community colleges may, if both parties agree, ask PERC to appoint a staff arbitrator to hear any grievance that may arise under a collective bargaining agreement negotiated under chapter 41.59 RCW or chapter 28B.52 RCW.

Reasons Supporting Proposal: Both WAC 391-65-072 and 391-65-073 are unnecessary. If a public employer and labor organization desire to have PERC appoint a staff arbitrator to hear a grievance arising under a collective bargaining agreement, both parties must agree to such a request.

Statutory Authority for Adoption: RCW 41.58.050, 41.59.110, 28B.52.080.

Statute Being Implemented: None.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Eric Nordlof, attorney at law, private.

Name of Agency Personnel Responsible for Drafting: Dario de la Rosa, Olympia, Washington, [phone]; Implementation and Enforcement: Michael P. Sellars, Olympia, Washington, [phone].

October 23, 2014

Dario de la Rosa

Representation Case Administrator

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 391-65-072	Special provision-Educational employees.
WAC 391-65-073	Special provision-Academic employees.