UNFAIR LABOR PRACTICE
- GENERAL
- EMPLOYEE
- UNION
- EMPLOYER
- HEARING
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 below or contact our office at 360-570-7300 or info@perc.wa.gov
What Collective Bargaining Law Applies to Me?
- 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.
- employees working for cities, counties, police departments including commissioned officers from the Washington State Patrol, fire districts, public transit, and ports.
- 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
Is there a cost to file an Unfair Labor Practice?
- There is no cost to file an Unfair Labor Practice Complaint.
How to File an Unfair Labor Practice complaint
- 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
After a Complaint is Filed
- 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.
Settlement Without a Hearing
Parties may request mediation. That mediation case is assigned to a PERC mediator separate from the hearing examiner already assigned. See WAC 391-45-260 for more information.
For information about an Unfair Labor Practice Hearing, see the Hearing Tab.
Filing Requirements For Employees
- 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
Types of Violations that an Employee 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 employee can allege.
Use the decision tree below as a guide to determine which violations you are alleging.
What to Expect After a Complaint is Filed
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.
Filing Requirements For Unions
- 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
Types of Violations that a Union 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 a union can allege.
Use the decision tree below as a guide to determine which violations you are alleging.
What to Expect After a Complaint is Filed
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.
Filing Requirements For Employers
- 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.
- 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.
- 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
Types of Violations that an Employer 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.
What to Expect After a Complaint is Filed
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.
What to Expect at a PERC Hearing
A hearing is a legal process in which state law gives an opportunity for parties to present facts to an examiner. The examiner is neutral and acts as a decision maker. The examiner follows the Administrative Procedure Act, chapter 34.05 RCW. Parties must present evidence to the examiner through testimony of witnesses and exhibits (documents) regarding the alleged violations.
Parties will each have an opportunity to examine and cross-examine (ask questions to) all witnesses. 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.
Settlement without a Hearing
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.
Hiring an Attorney
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.
Court Reporter
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.
Evidence (Exhibits/Testimony)
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.
Testimony of Witnesses
Once a person is under oath, they will tell the examiner their side of the story by answering questions. If a party is represented, their representative may ask questions.
The examiner will decide who will talk first and in what order. They will also limit unnecessary testimony.
Cross Examination
Each party will have an opportunity to examine and cross-examine (ask questions to) all witnesses. After a person tells their story through questioning, the other party is allowed to cross-examine. Cross-examination is asking questions of a witness about their prior testimony.
When it is your turn to ask questions (cross-examine),
You can:
- ask questions of the witness based on their testimony.
You can not:
- give statements about what happened.
- give more information about your side of the story.
- tell the examiner that you disagree with the witness’s answer.
Exhibits
Exhibits are also evidence. An exhibit can be a document, picture, video, or something else besides testimony that is used to prove a point. The examiner will decide whether an exhibit will be considered in deciding the case.
Exhibits may be offered at the beginning of the hearing or during. Once an exhibit is offered, the examiner asks if there are any objections to the exhibit, and the other party may agree or object to the exhibit. The examiner will decide whether the exhibit will be admitted into evidence.
Numbering Exhibits
Exhibits should be numbered UN-1, UN-2, etc. for the union and ER-1, ER-2, etc. for the employer. If there is more than one union in a case, the parties and the examiner will determine the designation prior to hearing. If there is an individual litigant in a case, that individual's exhibits should be designated in a manner reflecting the individual's status in the case, such as C for complainant. The examiner will make clear the designation prior to the hearing. If you have a matter scheduled for hearing, you should consult with the assigned examiner to confirm how exhibits should be numbered.
Objections
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.
Closing Briefs
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.
Decisions
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.
Appeals
The following timeliness standards apply to the appealing and responding party, for more information see WAC 391-45-350 .
Notice of Appeal
A notice of appeal provides notice that a party is appealing a decision and identifies the specific number of finding(s) of fact, conclusion(s) of law, or order being appealed. A notice of appeal is due 20 days from the date the decision is issued. That deadline cannot be extended. A Notice of appeal must include the specific number of finding of fact, conclusions of law, or order being appealed. Give detailed information regarding the specific finding(s) appealed. After the notice of appeal has been filed, the parties will be able to file appeal briefs.
Appeal Brief
An appeal brief explains what is being appealed and why, and provides legal arguments as to why the issue(s) 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.
Response Brief
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.
All appeal documents must comply with the service requirements at WAC 391-08-120 .
If you have a question about private sector labor relations and collective bargaining, contact:
National Labor Relations Board at
206-220-6300 | nlrb.gov
If you have a complaint about general discrimination at work, contact:
Human Rights Commission at
800-233-3247 | hum.wa.gov
Equal Employment Opportunity Commission
800-669-4000 | eeoc.gov
If you believe your workplace rights have been violated, contact:
Department of Labor and Industries
866-219-7321 | lni.wa.gov