Date of Adoption: May 13, 2003.

     Purpose: To amend chapter 391-25 WAC to provide for: (1) Notice by institution of higher education and exclusive bargaining representative to bring bargaining unit under chapter 41.56 RCW must be filed with commission on or before May 31, 2003; and (2) merger of state civil service employee bargaining units represented by same employee organization.

     Citation of Existing Rules Affected by this Order: Amending WAC 391-25-011.

     Statutory Authority for Adoption: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060.

     Other Authority: For WAC 391-25-011 is RCW 41.56.201; and for WAC 391-25-426 is RCW 41.80.070(3).

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: (1) For WAC 391-25-011, RCW 41.56.201 was amended in 2002 to provide option for an institution of higher education and an exclusive bargaining representative to bring a bargaining unit under chapter 41.56 RCW prior to July 1, 2003. As RCW 41.56.201 (1)(c) makes exercise of option effective on "the first day of the month following the month" during which a specified notice is provided to commission, that notice must be filed with commission on or before May 31, 2003, to effectively exercise option. (2) For WAC 391-25-426, commission adopted this rule on emergency basis effective January 14, 2003. As emergency rules only remain in effect for one hundred twenty days, section is effective through May 14, 2003. Commission adopted new section for WAC 391-25-426 on May 13, 2003, on both an emergency and permanent basis (identical language). Emergency rule is necessary to bridge time period until permanent rule takes effect.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Immediately.

May 15, 2003

Marvin L. Schurke

Executive Director

OTS-6390.2

AMENDATORY SECTION(Amending WSR 03-03-064, filed 1/14/03, effective 2/14/03)

WAC 391-25-011   Special provision -- Optional coverage of classified employees of institutions of higher education under chapter 41.56 RCW.   The commission ((acquires)) has jurisdiction under chapter 41.56 RCW with respect to certain bargaining units of classified employees of institutions of higher education defined in RCW 41.56.030(8) by a voluntary recognition process consisting of two stages completed prior to July 1, 2003.

     (1) ((The commission acquires limited jurisdiction under chapter 41.56 RCW upon the filing by the employer and an exclusive bargaining representative certified under chapter 41.06 RCW, of a notice of intent pursuant to RCW 41.56.201 (1)(a).

     (a) The executive director shall docket a representation case to preserve a record of the transaction, but shall take no other steps to determine a question concerning representation under this chapter.

     (b) The scope of bargaining and conduct of the parties in their negotiations for an initial collective bargaining agreement under chapter 41.56 RCW shall be regulated by the commission under chapter 391-45 WAC.

     (c) During the parties' negotiations for an initial collective bargaining agreement under chapter 41.56 RCW, the Washington personnel resources board retains jurisdiction to determine appropriate bargaining units and to certify exclusive bargaining representatives under chapter 41.06 RCW.

     (2) The commission acquires full jurisdiction under chapter 41.56 RCW over a bargaining unit which has filed a notice of intent under this section, if the parties execute an initial collective bargaining agreement recognizing the notice of intent.

     (a) The transfer of jurisdiction is effective on the first day of the month following the month during which the parties provide notice that they have executed an initial collective bargaining agreement under RCW 41.56.201 (1)(c).

     (b) The executive director shall dismiss the representation case docketed upon the filing of the notice of intent, on the basis of "voluntary recognition."

     (3) The jurisdiction of the commission under chapter 41.56 RCW ceases if the commission finds that the parties have reached an impasse in negotiations for an initial collective bargaining agreement under chapter 41.56 RCW.

     (a) A finding of impasse shall not be made if unfair labor practice proceedings concerning the bargaining unit are pending under subsection (1)(b) of this section.

     (b) The executive director shall dismiss the previously docketed representation case as "withdrawn."

     (4))) Under the language in RCW 41.56.201 (1)(c) making exercise of the option effective only on "the first day of the month following the month" during which a specified notice is provided to the commission, that notice must be filed on or before May 31, 2003, to effectively exercise the option.

     (2) Collective bargaining agreements negotiated under this option shall be renewed, extended, or terminated in conformity with RCW 41.56.201(4).

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.06.340, 41.76.060 and 41.56.201. 03-03-064, § 391-25-011, filed 1/14/03, effective 2/14/03. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050 and 41.56.201. 96-07-105, § 391-25-011, filed 3/20/96, effective 4/20/96.]

OTS-6152.3

NEW SECTION
WAC 391-25-426   Special provision -- State civil service employees.   An employee organization that represents two or more bargaining units of state civil service employees may obtain a merger of those units by filing a petition under WAC 391-25-420 (2)(a). If the merged unit is found to be appropriate under WAC 391-25-420 (2)(c)(i) and (ii), the employee organization shall be certified as exclusive bargaining representative without need for unit determination elections.

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