As we approach the end of 2024, we have several developments to share.

The most recent is the appointment by Governor Inslee of Henry E. Farber to the Commission. 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, a nationwide organization that promotes civility in adversarial settings. Since 2019, he has studied and practiced mediation, including receiving his Certificate in Professional Mediation from the Cornell University Scheinman Institute on Conflict Resolution. 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.

Henry fills the vacancy created by the expiration of Mark Busto’s term in September. Mark served on the Commission for seven years. We thank him for the grace, thoughtfulness, and wisdom he brought to the Commission.

The end of the year is also when we start to review the data and trends from the year. Overall, 2024 was a busy year for PERC. We have had the highest number of cases filed in any year during my 13 years as executive director. Within these case filings, several things stand out. First, the number of representation cases continues to be high. The number of representation petitions filed this year surpasses last year’s number, which was previously the highest since PERC assumed jurisdiction over state employees in the early 2000s. Second, the volume of conflict prevention or training cases has fully resumed to pre-pandemic levels. In fact, the number of conflict prevention/training requests in 2024 is the highest ever for PERC. Finally, the number of contract mediation cases has rebounded from last year’s all-time low. In the new year, we will dive more into these numbers and others to determine trends and issues.

PERC is continuing to engage in rulemaking on two issues. This fall we published two proposed rule changes. The first set of rule changes surrounds our process to ensure compliance with agency orders in unfair labor practice cases. Our process has remained uncodified since its inception, so creating a compliance rule will put all parties on notice as to the process. We are also tweaking our process to make sure that any compliance disputes and appeals of the same are adjudicated in a similar manner to other cases. The second set of rule changes aligns our card check rules to statutory changes made in 2024. In 2024, legislation was enacted that allows for the use of electronic signatures in certain representation proceedings. That legislation also removed the requirement that signatures on showing of interest cards be physically compared with employee signatures maintained by the employer. The proposed rule change will eliminate the current rule requiring a physical comparison. We conducted two rulemaking hearings this fall to gather input and feedback on the proposed changes. No feedback was received, and the proposed rules will go to the Commission for consideration and adoption at its January meeting.

This month we also celebrate the pending retirement of our administrative services manager, Diane Tucker. Diane has been with PERC since 2001 and has been a key member of this agency since before my arrival. She and her staff make sure that all our agency processes and systems function successfully. Diane has been instrumental in so many of the back-office changes we have made in the last 13 years. More importantly, Diane has been the soul of this agency, helping us strive to be an inclusive workplace that fosters growth and excellence. Diane will be missed, but we are all excited for her and what the future may hold.

Finally, as the year closes, I want to thank all the staff at PERC. I have heard from many of you these past few weeks with expressions of appreciation for the staff at PERC. That is indeed gratifying. At a time when some belittle or threaten public service, it is important to acknowledge those who on a daily basis take seriously the role of impartially administering the statutes granting employees collective bargaining rights.