What is an Unfair Labor Practice?

The laws covering public sector employees in Washington generally forbid employers and unions from:

• Interfering with, restraining, or coercing employees in the exercise of their rights to organize and collectively bargain.

• Controlling, dominating, or interfering with a bargaining representative.

• Discriminating against an employee for exercising their rights under the state collective bargaining laws.

• Refusing to collectively bargain with the employer or union over wages, hours or working conditions.
  
  

* If your complaint does not concern any of the above violations, refer to the agencies listed in the box below or contact our office at 360-570-7300 or info@perc.wa.gov

• You must be a current or former public employee bringing a complaint on your own behalf. If not, contact our office.
• If you wish to file a complaint against both the employer and the union, a separate complaint is required for each.
• Employees 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.
• Filing a complaint: 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 tab for more information.
  
  
• 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
    
    
• What to expect after filing a complaint.
  
  

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 employee can allege.

Use the decision tree below as a guide to determine which violations you are alleging.

A complaint is reviewed to determine whether it alleges a violation under PERC’s authority and a preliminary ruling or deficiency notice is issued generally within 30 days after filing.

If a preliminary ruling 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. If a deficiency notice is issued the complainant is given the opportunity to correct the deficiency. 

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 preliminary ruling 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 can be appealed to the Commission by filing a notice of appeal.

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 filing@perc.wa.gov. 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 filing@perc.wa.gov. 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 .

• You must be a current or former public employee bringing a complaint on your own behalf. If not, contact our office.
• If you wish to file a complaint against both the employer and the union, a separate complaint is required for each.
• Unions 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.
• Filing a complaint: 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 tab for more information.
  
  
• 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
    
    
• What to expect after filing a complaint.

A complaint is reviewed to determine whether it alleges a violation under PERC’s authority and a preliminary ruling or deficiency notice is issued generally within 30 days after filing.

If a preliminary ruling 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. If a deficiency notice is issued the complainant is given the opportunity to correct the deficiency. 

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 preliminary ruling 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 can be appealed to the Commission by filing a notice of appeal.

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 filing@perc.wa.gov. 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 filing@perc.wa.gov. 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 .