Non-association is process that allows an employee to object to paying union dues based on a personally held religious belief. A non-association request is filed when an employee and union do not agree about the employee’s right to religious-based non-association under state law. Employees who make a non-association claim pay the same amount of money they would have paid as union dues, except the money goes to a union program acceptable to the employee (for state employees) or to a non-religious charity.
This procedure only applies to an employee seeking non-association based on a religious belief or teaching or a bargaining representative seeking to enforce requirement to pay union dues.
A non-association request may be filed by an employee or union.
- An employee or union files a non-association request with PERC.
- The request is reviewed, and if a preliminary ruling is issued, a PERC examiner will be assigned to the case.
- The parties work with the examiner to schedule a hearing.
What to Expect at a Hearing
Evidence: Parties must provide evidence through testimony of witnesses & exhibits regarding the disputed issues
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 complaint, but you are responsible for paying any attorney 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
Fact-finding is ONLY available to:
2. Civil service state employees.
If the parties do not reach an agreement in contract mediation, they can request an impartial fact-finder from the PERC staff or dispute resolution panel issue a non-binding written recommendation. The fact-finder will issue a non-binding written recommendation on what the terms of the collective bargaining agreement should be. More information, review WAC 391-55-300.
A declaratory order is a request for a ruling on the interpretation of a rule, order, or statute under the Commission’s jurisdiction. Declaratory orders are not advisory opinions and have the same status as any other order issued by the Commission. More information, review WAC 391-08-520.
How Do I...
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
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