LAW ENFORCEMENT ARBITRATOR ROSTER





River Gorge

Senate Bill 5055 was signed into law in 2021 and requires all arbitrators of law enforcement personnel disciplinary grievances must come from the roster of arbitrators approved by the Commission. Please email info@perc.wa.gov with any questions.

Roster Requirements

  Qualifications

The Commission may only appoint to the roster persons who have a minimum of six years’ experience as

  • A full-time labor relations advocate who has been the principal representative for either labor or management in at least 10 arbitration proceedings,
  • A full-time labor mediator
  • An arbitrator who has decided at least 10 collective bargaining disputes, or
  • A practitioner or full-time instructor of labor law or industrial relations.

The Commission must also, as applicable, consider the following in making appointments to the roster:

  • A candidate’s familiarity, experience, and technical and theoretical understanding of and experience with labor law, the grievance process, and the field of labor arbitration;
  • A candidate’s ability and willingness to travel through the state, conduct hearings in a fair and impartial manner, analyze and evaluate testimony and exhibits, write clear and concise awards in a timely manner, and be available for hearings within a reasonable time after the request of the parties;
  • A candidate’s experience and training in cultural competency, racism, implicit bias, and recognizing and valuing community diversity and cultural differences; and
  • A candidate’s familiarity and experience with the law enforcement profession, including ride alongs with on-duty officers, participation in a citizen’s academy conducted by a law enforcement agency, or other activities that provide exposure to the environments, choices, and judgments required by officers in the field.


  Application

The Commission will accept applications when there are openings. There are currently no openings and we are not accepting applications.

Required Training

Within six months of appointment to the roster, individuals must complete training developed, implemented, and required by the Executive Director. The training must include at least the following:
Six hours on the topics of cultural competency, racism, implicit bias, and recognizing and valuing community diversity and cultural differences; and
Six hours on topics related to the daily experience of law enforcement officers, which may include

  • ride-alongs with on-duty officers,
  • participation in citizens’ academies conducted by a law enforcement agency,
  • shoot/don’t shoot training provided by a law enforcement agency, or
  • other activities that provide exposure to the environments, choices, and judgments required of officers in the field.

PERC is developing training protocols with the goal to make the training available no later than February 2022. Currently, we expect that arbitrators appointed to the roster will pay the training providers directly for the cost of the training.

Fees and Costs

The Commission sets the fee schedule on an annual basis. The parties are responsible for paying the arbitrator’s fees as set forth in the parties’ collective bargaining agreement. In the absence of any provisions in a collective bargaining agreement, the fees and costs must be paid equally by the parties.

The Commission may establish fees in order to cover the costs of developing and providing the required training to arbitrators.

Per Diem: $1,750 – applied to travel to and from the hearing location, hearing, research, study, and preparation of the award.

Cancellation Fee: No cancellation fee if cancelled more than 30 days before scheduled hearing date. $1,000 per scheduled day of hearing if cancelled within 30 days but more than 15 days of the scheduled hearing date. $1,750 per scheduled day of hearing if cancelled within 15 days of the scheduled hearing date.

Travel & Other Costs: Airfare, lodging, meals, parking, copying, and mailing as incurred. Automobile mileage to be reimbursed at the IRS rate.

Request and Appointment of Arbitrator

Complete the Arbitrator Request form.

 
The appointment of the arbitrator must be made by the Executive Director on rotation through the roster alphabetically by last name. If the appointed arbitrator is unable to hear the case within three months from the request for an arbitrator, the Executive Director appoints the next arbitrator from the roster alphabetically.

Arbitrators must disclose to the Executive Director any conflict of interest that may reasonably be expected to materially impact the arbitrator’s impartiality. The Executive Director may determine whether the conflict merits assigning the next arbitrator on the roster. Either party may also petition the Executive Director to have an assigned arbitrator removed due to a conflict of interest that may reasonably be expected to materially impact the arbitrator’s impartiality. If the petition is granted, the Executive Director assigns the next arbitrator on the roster.

The parties may not participate in, negotiate for, or agree to the selection of the arbitrator. Parties may not negotiate collective bargaining agreement provisions that are inconsistent with this legislation. 

Arbitration Decisions

Law enforcement grievance arbitration decisions will be available on the Decisions page under Law Enforcement Disciplinary Arbitration within 30 days of being issued. The name of the grievant and witnesses will be redacted.


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