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Henry E. Farber Appointed to Commission

On December 19, 2024, Governor Jay Inslee appointed Henry E. Farber to the Commission following the expiration of Mark Busto’s term.

Henry has worked in labor and employment law since 1979, first with the National Labor Relations Board and then as an attorney in private practice and as in-house counsel. Henry represented employers in labor matters and employers and individuals in employment litigation. In 2014, Henry was inducted into the College of Labor and Employment Lawyers, an organization of advocates and neutrals, which promotes the importance of civility. Since 2019, he has studied and practiced mediation, including receiving his Certificate in Professional Mediation from the Cornell University Scheinman Institute on Conflict Resolution. He has also provided volunteer mediation services in Small Claims Court through the Dispute Resolution Center of King County.

Henry has been a full-time neutral since June 2022. He is a member of the Public Employment Relations Commission Dispute Resolution Panel, the Montana Roster of Arbitrators, and the Labor Arbitration Roster of the American Arbitration Association. In 2024, Henry was appointed by the Washington Supreme Court to be a Disciplinary Hearing Officer and was also named to the Issaquah Civil Service Commission.

Henry also taught labor law at University of Washington Law School and has been consistently recognized as a top lawyer in the labor and employment field by leading publications such as Best Lawyers in America and Chambers USA.

His appointment expires September 8, 2029.

Rulemaking Hearings on November 12 and 21, 2024

PERC is engaging in rulemaking to amend certain provisions of Title 391 WAC. The proposed changes include:

•  Amending WAC 391-25-070, 391-25-110, and 391-25-400 to implement Senate Bill 6060, which requires the PERC to accept electronic signatures on showing of interest cards and harmonize the processes for showing of interest cards with either physical or electronic signatures. The proposed amendments can be found [here].

•  Adopting WAC 391-45-400 to provide formal processes for determining whether remedial orders issued by the Commission or examiners are complied with. The proposed rule can be found [here].

A public hearing will be held on Tuesday, November 12 and Thursday November 21, 2024. Both meetings will start at 10:00 a.m. and will be conducted via Zoom. Click this link to join meeting. Public Viewing for both meetings is also available at 112 Henry Street, Suite 300, Olympia, WA 98506.

Law Enforcement Arbitrator Roster Vacancies

In 2021, the legislature passed RCW 41.58.070, which requires the Commission to create and maintain a roster of 9 to 18 arbitrators to conduct disciplinary grievance arbitrations involving law enforcement personnel. The statute provides that only members of that roster may conduct such arbitrations. Appointments to individual cases are made by the executive director on a rotating alphabetical basis.

The Commission initially appointed 18 arbitrators to the roster in September 2021. Six of those appointments expire on January 6, 2025. The Commission has decided to fill all six appointments for terms beginning in January 2025. The Commission has also decided to open these vacancies for application.

PERC is currently accepting applications for these vacancies until the close of business on October 15, 2024. Please see WAC 391-75-040 for the application requirements and submit a cover letter, resume, and sample award in addition to the required letters of recommendation.

Now You Can E-File Your Case or Document

PERC has implemented a true E-Filing system that is available to all parties. The E-Filing system is integrated with PERC’s case management system and will allow users to file directly into that system. PERC staff will no longer need to manually input all data and documents filed by email. Try E-Filing out today to file new cases and documents to existing cases.


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