Statutes, codes, and regulations
Washington Administrative Code
Title 391 - Public Employment Relations Commission
Chapter 391-25 - Representation case rules
Section 391-25-370 - Blocking charges-Suspension of proceedings-Request to proceed

Wash. Admin. Code § 391-25-370

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Current through Register Vol. 24-12, June 15, 2024
Section 391-25-370 - Blocking charges-Suspension of proceedings-Request to proceed
(1) The executive director may suspend the processing of a representation petition under this chapter pending the outcome of related unfair labor practice proceedings if:
(a) A complaint charging unfair labor practices is filed under the provisions of chapter 391-45 WAC;
(b) It appears that the facts as alleged may constitute an unfair labor practice; and
(c) The unfair labor practice could improperly affect the outcome of a representation election.
(2) The complainant(s) in the unfair labor practice case may file and serve, as required by WAC 391-08-120, a written request to proceed. The request to proceed must specify the case number of the representation proceeding, request that the representation petition be processed notwithstanding the pending unfair labor practice case, and waive the right to file objections under WAC 391-25-590(1)(a) based on conduct alleged in the unfair labor practice case. Upon the filing of a request to proceed, the executive director may resume the processing of the representation petition and must summarily dismiss any objections filed in conflict with the request to proceed.

Wash. Admin. Code § 391-25-370

Amended by WSR 22-23-101, Filed 11/16/2022, effective 1/1/2023

Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080. 08-04-058, § 391-25-370, filed 1/31/08, effective 4/1/08. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050. 01-14-009, § 391-25-370, filed 6/22/01, effective 8/1/01; 98-14-112, § 391-25-370, filed 7/1/98, effective 8/1/98; 96-07-105, § 391-25-370, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110, 41.56.070 and 41.59.070. 90-06-072, § 391-25-370, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-046 (Order 80-5), § 391-25-370, filed 9/30/80, effective 11/1/80.