ELECTIONS

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  • GENERAL INFORMATION

Showing of Interest

A showing of interest must be filed with all petitions. It is individual papers/cards from at least 30% of the employees in the proposed bargaining unit stating the desired outcome of the petition. Each card must be signed and dated.

Example – Sample language for a showing of interest card:

I [printed name] want to be represented by [name of union] for the purpose of collective bargaining.

I [printed name] no longer want to be represented by [name of union] for the purpose of collective bargaining.

The showing of interest cards:

  • Are confidential and not shared with the employer.
  • Once filed with us, may not be withdrawn.
  • Must be signed and dated within one year of the date that the petition is filed.

Reason for a Representation Hearing

A Hearing will occur before an election for 2 reasons:

1.  If there is a question about the appropriateness of the proposed bargaining unit configuration.

  • Appropriateness challenge is a parties’ claim that the employees in the proposed bargaining unit do not share a community of interest, such as common working conditions or other terms of employment.

2.  If there is an eligibility challenge that could potentially affect the outcome of the election.

  • Eligibility challenge is a parties’ claim that an employee should be excluded from the proposed bargaining unit on the basis of supervisor, confidential, or regular part-time employee status.

A hearing will occur after the election if the number of eligibility challenges would not likely affect the outcome of the election.

What to Expect at a Hearing

A representation hearing is similar to a trial before a judge. The PERC Hearing Officers acts as both an Administrative Law Judge and Investigator.

  • Evidence – Parties must provide evidence through testimony of witnesses and exhibits regarding the disputed issues.
  • Numbering Exhibits – Exhibits should be numbered UN-1, etc for the union and ER-1, etc for the employer. If there is more than one union in a case, the parties and the examiner will determine the designation prior to hearing. If there is an individual litigant in a case, his or her exhibits should be designated in a manner reflecting his or her status in the case, such as P for petitioner. The hearing officer will make clear the designation prior to the hearing. If you have a matter scheduled for hearing, you should consult with the assigned hearing officer to confirm how exhibits should be numbered.
  • Witnesses – The Hearing Officer is permitted to ask questions of witnesses, call witnesses, and request that the parties submit evidence into the record as needed.
  • Court Reporter – A court reporter is hired to transcribe all PERC hearings. Parties may purchase the transcript directly from the court reporter.

Hiring an Attorney

PERC staff will not represent you or provide you with an attorney. Staff are strictly neutral and can only answer questions about rules and procedures, and cannot provide legal advice.

  • You may hire an attorney to represent you or review your petition, but you are responsible for paying their fees.
  • You are not required to hire an attorney to participate in a PERC hearing, if you do not it is recommended that you:
  • Study the rules and statutes
  • Review your claims and evidence
  • Make your own decision whether to hire an attorney at your own expense.

Notification of PERC Decision

After a hearing, we will issue a written decision that will be:

  • Based on the testimony and evidence presented at the hearing
  • Issued within 90 days after the closing briefs are filed.
  • Mailed to the parties of record
  • Posted on our website under “Recent Decisions”

Information about the content of a decision cannot be shared until it is officially released.

Can my employer retaliate against me?

It is illegal for an employer to retaliate against an employee who files or supports a representation petition or gives testimony at a PERC hearing. If you believe you have been a victim of retaliation, contact PERC about filing an unfair labor practice complaint at 360.570.7300.

If I have other questions, who should I contact?

If you have questions about PERC’s representation procedures not answered here, contact the Representation Case Administrator, Dario de la Rosa at 360.570.7328.

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Not a Public Employee?

Not Represented by a Union?

Private Sector Employee

​National Labor Relations Board at 206.220.6300 or nlrb.gov

Federal Mediation and Conciliation Service at 206.553.5800 or fmcs.gov

Discrimination Complaints

Human Rights Commission at 800.233.3247 or hum.wa.gov

Equal Employment Opportunity Commission at 800.669.4000 or eeoc.gov

Employment Standards/Workplace Rights

Department of Labor and Industries at 866.219.7321 or lni.wa.gov

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