ELECTIONS - NEW ORGANIZING





Elections Organize

NEW ORGANIZING

A petition for new organizing may only be filed by a labor organization to

  • form a new bargaining unit of currently unrepresented employees, or
  • add unrepresented employees to an existing bargaining unit. WAC 391-25-440.

BEFORE YOU FILE

A petition for new organizing can be filed at any time if PERC has not issued a certification involving the employees within the previous 12 months. To search bargaining unit certifications, go to the decisions search tips page.

 Showing of Interest

A petition must include showing of interest cards from at least 30 percent of the employees in the proposed bargaining unit. A showing of interest card states an individual employee’s desire to be represented. Each card must be signed and dated within one year of the petition filing date, must be kept confidential, and must not be shared with the employer.

Sample showing of interest card

Showing of interest sample
 How To Form a Labor Organization

A petition to organize may only be filed by an established or employee-created labor organization.

  1. Name your organization.
  2. Create a document, such as a constitution or bylaws, explaining how your organization will operate. You may search online for examples of union constitutions and bylaws.
  3. While not required by PERC, you may register your labor organization with the Washington Secretary of State and obtain a federal tax ID if you plan to collect dues.

HOW TO FILE

Email, fax, mail, or deliver a completed Representation Petition form and any other documents to PERC and all parties as required by WAC 391-08-120. The showing of interest cards must be filed ONLY with PERC. Do not provide copies of the cards to other parties. After the petition is filed, PERC will email the case number and a copy of the petition to all parties.

  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.
  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 PERC will conduct an investigation by email or phone 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.

  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:

  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. 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.

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