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PDFWAC 391-25-220

Investigation conferences.

(1) The agency routinely conducts conferences with the parties, to investigate a representation petition according to a checklist provided to the parties.
(a) The issues which may properly arise in representation cases include:
(i) The identification of the parties;
(ii) The jurisdiction of the commission;
(iii) The qualification of the petitioner and any intervenor(s) for certification as exclusive bargaining representative;
(iv) The existence of a question concerning representation;
(v) The timeliness of the petition;
(vi) The existence of blocking charges under WAC 391-25-370;
(vii) The propriety of the petitioned-for bargaining unit;
(viii) The list of employees eligible to vote or be considered in determining a question concerning representation, and cut-off date for eligibility; and
(ix) The method and arrangements for determining a question concerning representation.
(b) The investigation conference may be conducted by telephone conference call, or in-person by agency staff;
(c) The parties are encouraged to reach binding stipulations on all issues during the course of the investigation conference.
(2) The stipulations made by the parties during an investigation conference may be set forth in an investigation statement issued in lieu of an election agreement or cross-check agreement.
(a) Immediately upon receipt of an investigation statement, the employer shall post it in conspicuous places on its premises where notices to affected employees are usually posted, and it shall remain posted for at least seven days.
(b) An investigation statement shall be binding on the parties unless written objections are filed and served as required by WAC 391-08-120 within ten days following issuance of the statement.
(3) When it appears that all conditions precedent to an election or cross-check are met, the executive director or designee shall determine whether the proposed bargaining unit is, on its face, an appropriate bargaining unit under the applicable statute. The agency shall proceed with the determination of the question concerning representation. Objections by parties named in the investigation statement shall be limited to matters relating to specific conduct affecting the results of an election.
(4) The parties may set forth stipulations in election agreements or cross-check agreements under this chapter.
[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 34.05.431. WSR 01-14-009, § 391-25-220, filed 6/22/01, effective 8/1/01; WSR 98-14-112, § 391-25-220, filed 7/1/98, effective 8/1/98; WSR 96-07-105, § 391-25-220, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110, 28B.52.073 and 41.56.040. WSR 90-06-072, § 391-25-220, filed 3/7/90, effective 4/7/90.]
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