Request for List of Employees

The employer has 10 days to provide the following information to PERC:

1. A list of eligible employees, which must be submitted as a separate attachment in Microsoft Excel format by email to filing@perc.wa.gov or by logging into the E-Filing system and selecting File a Document. Enter the case number and add a document, under Document Type, select Secure Attachment and then select List of Employees, attach the document and submit. You will receive an email confirmation of the filing.
2. The identification of any eligibility challenges (e.g., part-time, supervisor, confidential).
3. Additional information or documents, such as organizational charts.

  Verification of Showing of Interest

Upon receipt of the list of employees, PERC will compare the list to the showing of interest cards to verify the petition is supported by at least 30 percent of the employees. If the petition has less than 30 percent support, is untimely, or has any other deficiency, PERC will issue a deficiency notice, which may allow an opportunity to correct the deficiency within 14 days.

  Filing Additional Cards or Correcting a Deficiency

Referencing the case number and the parties on the case, submit additional cards or documents with information addressing the deficiency to PERC by email to filing@perc.wa.gov.

 Investigation

When the petition is complete your assigned administrator may use a combination of phone, email, and Zoom videoconference to engage in representation case discussions and to verify the parties agree on the answers to the following six questions:

1. Does PERC have jurisdiction?
2. Is the labor organization qualified under the statute?
3. Is the petition timely?
4. Is there an unfair labor practice complaint or other case that could block the processing of this petition?
5. Is the proposed bargaining unit appropriate under the statute, and does either party have any changes to the proposed bargaining unit description?
6. Is the eligibility list correct, or are there any proposed changes?

If the parties agree, PERC will conduct a card check or election. The employer is required to post notices in the workplace with card check or election details. If the parties do not agree, additional proceedings may be conducted. Your assigned hearing officer will work with you and the other party to schedule and address the logistics for the hearing. Hearings are currently held using PERC’s Zoom account. PERC utilizes a Dropbox account to facilitate the exchange of exhibits, either prior to or during the hearing. Generally, you can expect your hearing officer to schedule a pre-hearing conference to go over hearing logistics, including Zoom and Dropbox tech setup.

  Election by Card Check

When more than 50 percent of employees sign showing of interest cards, a card check is conducted. PERC requests employer records containing the employees’ signatures. The signatures on those records are compared to the signatures on the showing of interest cards. Each matching signature counts as a vote in support of representation. No ballots are sent to employees.

Employees can revoke or withdraw their showing of interest cards for the purpose of a card check by submitting a signed written request to PERC. The notices posted by the employer will indicate the withdrawal deadline. The card check tally occurs after the employment records are received. The tally results are sent to the representatives on the case.

The following types of employees cannot have an election by card check:

• Community college faculty (RCW 28B.52.020(2))
• Teachers (RCW 41.59.020(4))
• Individual providers (RCW 41.56.026)
• Family child care providers (RCW 41.56.028)
• Adult family home providers (RCW 41.56.029)
• Language access providers (RCW 41.56.510)

  Election by Mail Ballot

When less than 50 percent of employees sign showing of interest cards, PERC will conduct an election. The election may be conducted by mail ballot, electronically, or telephonically. PERC will send ballots and voting instructions to the employees. Ballot choices include the petitioning union, no representation, and, if applicable, an intervening union. Employees will return mail ballots to PERC. Any employee who does not return a ballot has not voted.

Returned ballots are tallied on the election date indicated on the posted notice. The election is determined by a majority of ballots returned. If there were two choices on the ballot, a tie vote will result in “No Representation” being certified. If there were more than two choices, a run-off election may occur. Mail ballot election counts are held by zoom and participants are able to be on camera and speak when invited. Representatives are given a link and that can be shared with others. The tally results are sent to the representatives on the case.

  Election Objections

Election objections must be filed with PERC within 7 days after the tally is issued. The petitioner, employer, intervenor, or individual employees may file election objections for improper conduct or procedures during the election process. The objections must be written in separate numbered paragraphs. After the objection is filed, PERC will establish a timeline for responses to the objections. All filings must comply with the service requirements at WAC 391-08-120.

To file election objections, submit a document including the case number, the parties’ names and representatives, and an explanation of the objection by email to filing@perc.wa.gov.

  Certification

If no election objections are filed, PERC will issue a certification after the objection period expires. If election objections are filed, PERC may issue a certification after the objections are resolved.

To file election objections, submit a document including the case number, the parties’ names and representatives, and an explanation of the objection by email to filing@perc.wa.gov.

  Appeals

If no election objections are filed, PERC will issue a certification after the objection period expires. If election objections are filed, PERC may issue a certification after the objections are resolved.

Notice of Appeal

A notice of appeal provides notice that a party is appealing a decision and identifies the specific finding(s) of fact, conclusion(s) of law, or order being appealed. A notice of appeal is due 20 days from the date the decision is issued. That deadline cannot be extended. After the notice of appeal has been filed, the parties will be able to file appeal briefs.

Appeal Brief

An appeal brief explains what is being appealed and why, and provides legal arguments as to why the issue(s) should be overturned by the Commission. The appeal brief is due 14 days after the notice of appeal is filed. That deadline can be extended by request to the Executive Director at filing@perc.wa.gov. The brief should be in 12-point font, double-spaced, and no more than 25 pages.

Response Brief

The response brief is due 14 days after the appeal brief is served. That deadline can be extended by request to the Executive Director at filing@perc.wa.gov. The brief should be in 12-point font, double-spaced, and no more than 25 pages.

All appeal documents must comply with the service requirements at WAC 391-08-120. A notice of appeal must be filed at filing@perc.wa.gov and served on opposing parties.