UNFAIR LABOR PRACTICE - EMPLOYER FILING
Filing Requirements for Employers
- Employers can only allege certain violations against an employer or a union. If your complaint does not concern any of the violations listed below, please contact our office.
- On the File a Case page, log into the E-Filing system and complete the Unfair Labor Practice Complaint form. Attach a statement of facts (sample statement of facts) and complete a certificate of service (certificate of service form). Refer to the General Information page for more details.
- Your Statement of Facts must include the specific allegations and required elements using the 'Types of Violations' information below. Also:
- Include times, dates, places, and participants of occurrences.
- State whether a related grievance has been filed.
- Describe the requested remedies.
- Review the full requirements described in WAC 391-45-050
Types of Violations Employers Can Allege
You must include facts related to all the elements for each violation alleged in your complaint.
Click here to print types of violations that an employer can allege.
Use the decision tree below as a guide to determine which violations you are alleging.
After You File - Complaint Process
A complaint is reviewed to determine whether it alleges a violation under PERC’s authority and a cause of action or deficiency notice is issued generally within 30 days after filing.
If a cause of action is issued, the respondent will need to file and answer. The parties are notified by assignment letter that the case is assigned to an examiner who contacts the parties to schedule a hearing. After the hearing an examiner will issue a decision. The examiner's decision may be appealed to the Commission by filing a notice of appeal.
If a deficiency notice is issued, the complainant is given the opportunity to correct the deficiency and file an amended complaint or withdraw the complaint. If an amended complaint is filed, it will be reviewed the same as the original complaint described above. If it does allege a violation under PERC’s authority, a cause of action will be issued. If it does not allege a violation under PERC’s authority an order of dismissal will be issued. The order of dismissal may be appealed to the Commission by filing a notice of appeal.
When filing an amended complaint in the E-Filing system, select the File a Document tile and enter the original case number. Add an amended Statement of Facts and Remedy Requested along with any additional case updates and title the document "Amended Complaint." There is no need to file the Unfair Labor Practice Complaint form again.
After You File - Appeal Process
The notice of appeal provides notice that a party is appealing an order of dismissal or decision and is due 20 days from the date the decision is issued. That deadline cannot be extended. A notice of appeal must include specific reasons as to why the order of dismissal is being appealed or identify the number of finding of fact, conclusions of law, or order being appealed in a decision. After the notice of appeal has been filed, the parties will be able to file appeal briefs.
The appeal brief explains what is being appealed and why, and provides legal arguments as to why the order of dismissal or decision 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 email@example.com. The brief should be 12-point font, double-spaced, and no more than 25 pages.
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 firstname.lastname@example.org. The brief should be 12-point font, double-spaced, and no more than 25 pages.
Once all briefs have been submitted the Commission will review the case record and either affirm or reverse the dismissal.
All appeal documents must comply with the service requirements at WAC 391-08-120 .