• RCW 28B.52 applies to faculty and academic employees at state community and technical colleges. ULP violations can be found in RCW 28B.52.073

• RCW 41.56 applies to the following employees (ULP violations can be found in RCW 41.56.140 & .150):
  • employees working for cities, counties, police departments including commissioned officers from the Washington State Patrol, fire districts, public transit, and ports.
    
    
  • employees working as home care providers, family child care providers, adult family home providers, and language access providers.
     
  • exempt employees, graduate teaching assistants and post-doctoral fellows working at the state four-year colleges and universities.
    
    
  • non-certificated employees working for school districts and state technical colleges.
• RCW 41.59 applies to certificated employees or teachers working in school districts. ULP violations can be found in RCW 41.59.140
  
  
• RCW 41.76 applies to faculty and academic employees at the state four-year colleges and universities. ULP violations can be found in RCW 41.76.050
  
  
• RCW 41.80 applies to state employees, classified employees of state public four-year colleges and universities, and state community colleges. ULP violations can be found in RCW 41.80.110
  
  
• RCW 47.64 applies to employees working for the Washington State Ferry system (Marine Department of the Washington State Department of Transportation). ULP violations can be found in RCW 47.64.130
  
  
• RCW 49.39 applies to symphony musician employees of certain symphony orchestras. ULP violations can be found in RCW 49.39.120 & .130

• Who Can File
  Complaints may be filed by employees, unions, or employers based on specific allegations and must include specific required elements. For detailed information, click the tab for the party filing the complaint.
• When to File
  Complaints must be filed within 6 months of the first date the complainant knew or should have known of the violation.
• How to Complete the Form and Statement of Facts
  View the tabs listed on this webpage for a guide to filing a complaint if you are an individual employee, union, or employer.
  
  1.  Complete the Unfair Labor Practice Complaint form.
  2.  Attach on separate sheets of paper in numbered paragraphs a brief statement of the facts (sample statement of facts) regarding the alleged unfair labor practice(s).
  
  
  The brief statement of facts must:
  – Include specific allegations and required elements.
  – 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
  
• How to File Your Complaint
  Send or serve a complete copy of the form with the statement of facts and a certificate of service (certificate of service form) to PERC and the charged party. 
  
  Submit form by email attachment, fax, mail, or in person.
  – Email to filing@perc.wa.gov
  – Fax to 360.570.7334
  – Mail to P.O. Box 40919, Olympia, WA. 98504-0919
  – Hand deliver to 112 Henry St. NE, Olympia, WA. 98506

• A complaint is reviewed to determine whether it alleges a violation under PERC’s authority and a preliminary ruling is issued generally within 30 days after filing.
• If a preliminary ruling is issued, the parties are notified by assignment letter that the case is assigned to an examiner. If a deficiency notice is issued the complainant is given the opportunity to correct the deficiency. The examiner will contact the parties to schedule a hearing.
• The hearing is scheduled based on the availability of the parties.
• After a hearing, it generally takes a court reporter 15 – 30 days to prepare a written transcript of the hearing, depending on the number of hearing days.
• After the written transcript has been completed, the parties generally have 30 days to file closing briefs with the examiner.
• PERC will typically issue a written decision 90 days after the closing briefs are filed.
  

Parties may request settlement mediation. The mediation case is assigned to a PERC mediator separate from the hearing examiner already assigned. See WAC 391-45-260 for more information.

PERC staff are strictly neutral and can only answer questions about rules and procedures and cannot provide legal advice. You are not required to have an attorney; however, you may choose to have one represent you at your own cost.

You may represent yourself or choose to have a friend or a family member represent you. If you choose to represent yourself, it is recommended that you study the applicable laws and rules and review your claims and evidence. You can search PERC decisions here or Washington appellate court decisions here.

The hearing will be recorded by a court reporter. A court reporter is hired to transcribe all PERC hearings. Parties may purchase the transcript directly from the court reporter. The transcript is available 15-30 days after the hearing, depending on the length of the hearing.

Parties must present evidence to the examiner through testimony of witnesses and exhibits (documents) regarding the alleged violations. You will need four copies of each exhibit at the hearing: one for yourself, the examiner, the court reporter, and the opposing counsel.

To Testimony:

• You can object when the other party is questioning you or a witness. You object by saying “I object” and then explaining your objection. You can object to the question or to the answer. Objections are most commonly made when the other party asks questions in the wrong way or when testimony is not related to the case. You cannot object just because you disagree with what the witness says.

To Exhibits:

• At the beginning of or during the hearing, the examiner will discuss the exhibits and ask if you object to any exhibits. This is a way of asking you if it is okay for the examiner to consider the exhibit when making the decision. The examiner will listen and respond to your objection with instructions. You cannot object to an exhibit just because you disagree with what it says.
  
  The examiner will listen and respond to your objection.

At the end of the hearing the examiner will schedule the filing of written closing briefs. A written closing brief is a written statement that explains what facts the party believes were proved at the hearing and the claims/arguments being made by that party, as well as responses to the claims/arguments made by the opposing party.

After the parties have submitted written closing briefs, a decision is generally issued 90 days after the closing briefs are filed. The decision is mailed/emailed to the parties on the case and posted on the decisions page of the PERC website. You can appeal the decision of the examiner to the Commission.