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:
  1. Teachers
  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.
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