ELECTIONS
- EMPLOYEE RIGHTS
- NEW ORGANIZING
- CHANGE REPRESENTATIVE
- REMOVE REPRESENTATIVE
EMPLOYEE RIGHTS
Public employees in Washington State have the right to organize for the purpose of collective bargaining. Employees have certain rights from the date a petition is filed until certification or case closure.
As an employee you have the right to:
- form, join, or assist labor or employee organizations.
- bargain collectively through a representative of your choice.
- refuse to pay dues to a union unless you have affirmatively agreed to make such payments.
During organizing, the employer or union cannot attempt to influence any employee's choice of representation by:
- threatening with loss of jobs or benefits, physical force, or violence.
- discharging employees in connection with union activity.
- improperly promising benefits of wages, hours, or working conditions.
- misstating important facts when the other party does not have a fair chance to reply.
- forcing employees to attend or listen to a campaign speech in the period beginning 24 hours before the election period opens through the election date.
- suggesting that the Commission or its procedures favor any choice.
If you believe your rights have been violated, you may contact our office at info@perc.wa.gov or 360-570-7300.
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. Search existing bargaining unit certifications.
Showing of Interest Cards
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
How To Form a Labor Organization
A petition to organize may only be filed by an established or employee-created labor organization.
- Name your organization.
- 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.
- 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.
AFTER YOU FILE
Request for List of Employees
The employer has 10 days to provide the following information to PERC:
- A list of eligible employees, which must be submitted as a separate attachment in Microsoft Excel format by email to filing@perc.wa.gov.
- The identification of any eligibility challenges (e.g., part-time, supervisor, confidential).
- 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:
- Does PERC have jurisdiction?
- Is the labor organization qualified under the statute?
- Is the petition timely?
- Is there an unfair labor practice complaint or other case that could block the processing of this petition?
- Is the proposed bargaining unit appropriate under the statute, and does either party have any changes to the proposed bargaining unit description?
- 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:
- 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. 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.
Bargaining unit certifications can be found on the Decisions page. For additional help searching decisions, visit the Search Tips page.
Appeals
Examples of orders and jurisdictional rulings that can be appealed include: orders of dismissal, decisions which include eligibility issues (e.g., supervisory or confidential status), and interim rulings. Timeliness standards apply to the appealing and responding parties.
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.
CHANGE REPRESENTATIVE
A petition to change the representative of an existing bargaining unit may only be filed by the labor organization seeking to become the employees' new representative.
BEFORE YOU FILE
The timing to file a change of representative petition is determined by a certification or a collective bargaining agreement (CBA):
| Certification or CBA Status | Timing to File a Petition |
|---|---|
| If PERC has issued a certification within the previous 12 months, | no petition involving the same employees may be filed for 12 months from the date of the certification. |
| If the most recent CBA has expired and no new CBA has been signed, | a petition can be filed at any time. |
| If a CBA is in effect, | a petition can only be filed during a 30-day window period, which is determined by the contract expiration date. |
Window periods are determined by the statute covering employees and the expiration date of the CBA.
| Employees Covered By | Calculating Window | Example: CBA Expiration | Example: Window Period |
|---|---|---|---|
| Chapters 41.80 or 47.64 RCW | 90-120 days prior to CBA expiration date | June 30 | 30-day window period is March 3 - April 2 |
| Most other chapters | 60-90 days prior to CBA expiration date | December 31 | 30-day window period is October 3 - November 2 |
The timing to file a change of representative petition is determined by a certification or a collective bargaining agreement (CBA):
- If PERC has issued a certification, no petition involving the same employees may be filed for 12 months from the date of the certification.
- If the most recent CBA has expired and a new CBA has not yet been signed, a petition may be filed at any time.
- If a CBA is in effect, a petition can only be filed during a 30-day window period, which is determined by the CBA expiration date.
Window periods are determined by the statute covering employees and the expiration date of the CBA.
- For employees covered by chapters 41.80 and 47.64 RCW, the window period opens 120 days and closes 90 days before the CBA expires.
[Example: CBA expires June 30; the window period opens March 3 and closes April 2.] - For most other employees, the window period opens 90 days and closes 60 days before the CBA expires.
[Example: CBA expires December 31; the window period opens October 3 and closes November 2.]
Showing of Interest Cards
A petition must include showing of interest cards from at least 30 percent of the employees in the existing 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
How To Create a Labor Organization
A petition to change representative may only be filed by an established or employee-created labor organization.
- Name your organization.
- Create a document, such as a constitution or bylaws, explaining how your labor organization will operate. You may search online for examples of union constitutions and bylaws.
- 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.
AFTER YOU FILE
Request for List of Employees
The employer has 10 days to provide the following information to PERC:
- A list of eligible employees, which must be submitted as a separate attachment in Microsoft Excel format by email to filing@perc.wa.gov.
- The identification of any eligibility challenges (e.g., part-time, supervisor, confidential).
- 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. If a 30-day window period applies, any correction must also be filed within the window period.
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:
- Does PERC have jurisdiction?
- Is the labor organization qualified under the statute?
- Is the petition timely?
- Is there an unfair labor practice complaint or other case that could block the processing of this petition?
- Is the proposed bargaining unit appropriate under the statute, and does either party have any changes to the proposed bargaining unit description?
- Is the eligibility list correct, or are there any proposed changes?
If the parties agree, PERC will conduct an election. A card check is not possible in a petition to change the representative. The employer is required to post notices in the workplace with election details. If the parties do not agree, additional proceedings may be conducted.
Election by Mail Ballot
Elections 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, the incumbent 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. PERC will tally the returned ballots on the election date indicated on the posted notice.
For employees covered by chapter 41.56 RCW, change of representative elections are determined by a majority of the eligible employees. For employees covered by all other chapters, the election is determined by a majority of ballots returned. Under all statutes, if there is no majority, a run-off election will occur between the top two choices. All run-off elections are determined by a majority of ballots returned, and a tie vote will result in “No Representation.” 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.
Bargaining unit certifications can be found on the Decisions page. For additional help searching decisions, visit the Search Tips page.
Appeals
Examples of orders and jurisdictional rulings that can be appealed include orders of dismissal, decisions which include eligibility issues (e.g., supervisory or confidential status), and interim rulings. Timeliness standards apply to the appealing and responding parties.
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.
REMOVE REPRESENTATIVE
A petition to remove or decertify the representative of an existing bargaining unit may only be filed by an individual employee within the bargaining unit or their legal representative.
BEFORE YOU FILE
The timing to file a remove representative petition is determined by a certification or a collective bargaining agreement (CBA):
| Certification or CBA Status | Timing to File a Petition |
|---|---|
| If PERC has issued a certification within the previous 12 months, | no petition involving the same employees may be filed for 12 months from the date of the certification. |
| If the most recent CBA has expired and no new CBA has been signed, | a petition can be filed at any time. |
| If a CBA is in effect, | a petition can only be filed during a 30-day window period, which is determined by the contract expiration date. |
Window periods are determined by the statute covering employees and the expiration date of the CBA.
| Employees Covered By | Example: CBA Expiration | Calculating Window | Window Period |
|---|---|---|---|
| Chapters 41.80 or 47.64 RCW | June 30 | 90-120 days prior to CBA expiration date | 30-day window period is March 3 - April 2 |
| Most other chapters | December 31 | 60-90 days prior to CBA expiration date | 30-day window period is October 3 - November 2 |
Showing of Interest Cards
A petition must include showing of interest cards from at least 30 percent of the employees in the bargaining unit. A showing of interest card states an individual employee’s desire to not 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
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.
AFTER YOU FILE
Request for List of Employees
The employer has 10 days to provide the following information to PERC:
- A list of eligible employees, which must be submitted as a separate attachment in Microsoft Excel format by email to filing@perc.wa.gov.
- The identification of any eligibility challenges (e.g., part-time, supervisor, confidential).
- 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. If a 30-day window period applies, any correction must also be filed within the window period.
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:
- Does PERC have jurisdiction?
- Is the labor organization qualified under the statute?
- Is the petition timely?
- Is there an unfair labor practice complaint or other case that could block the processing of this petition?
- Is the proposed bargaining unit appropriate under the statute, and does either party have any changes to the proposed bargaining unit description?
- Is the eligibility list correct, or are there any proposed changes?
If the parties agree, PERC will conduct an election. A card check is not possible in a petition to remove the representative. The employer is required to post notices in the workplace with election details. If the parties do not agree, additional proceedings may be conducted.
Election by Mail Ballot
Elections may be conducted by mail ballot, electronically, or telephonically. PERC will send ballots and voting instructions to the employees. Ballot choices include the incumbent union and no representation. Employees will return mail ballots to PERC. Any employee who does not return a ballot has not voted.
PERC will tally the returned ballots on the election date indicated on the posted notice. The election is determined by a majority of ballots returned. A tie vote will result in “No Representation” being certified. The tally results will be 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.
Bargaining unit certifications can be found on the Decisions page. For additional help searching decisions, visit the Search Tips page.
Appeals
Examples of orders and jurisdictional rulings that can be appealed include: orders of dismissal, decisions which include eligibility issues (i.e. supervisory or confidential status), interim rulings, etc. Timeliness standards apply to the appealing and responding party.
Notice of Appeal
A notice of appeal provides notice that a party is appealing a decision and identifies the specific number of finding of fact, conclusions of law, or order being appealed. A notice of appeal is due 20 days from the date the decision is issued. That date cannot be extended. A Notice of appeal must include the specific number of finding of fact, conclusions of law, or order being appealed. Give detailed information regarding the specific finding(s) appealed. After the notice of appeal has been filed, the parties will be able to file appeal briefs.
Appeal Brief
Appeal briefs explain what is being appealed, why it is being appealed, and provide legal arguments as to why the issue should be overturned by the Commission. The appeal brief is due 14 days after the notice of appeal is filed. That date can be extended by request to the Executive Director at filing@perc.wa.gov. The brief can be up to 25 pages, double spaced, with 12-point font.
Response Brief
The response brief is due 14 days after the appeal brief is served. Those dates can be extended by request to the Executive Director at filing@perc.wa.gov. The brief can be up to 25 pages, double spaced, with 12-point font.
All appeal documents must comply with the service requirements at 391-08-120 WAC. A notice of appeal must be filed at filing@perc.wa.gov and served on opposing parties.