(1) If
a dispute involving a bargaining unit eligible for interest arbitration under
RCW
41.56.028,
41.56.029,
41.56.030(14),
41.56.475,
41.56.492,
41.56.496,
41.56.510,
41.56.516,
41.80.200,
41.80.310,
47.64.300, or
74.39A.270(2)(c)
has not been settled after a reasonable period of mediation, and the mediator
is of the opinion that further efforts will not result in an agreement, the
following procedure will be implemented:
(a)
The mediator shall notify the parties of the mediator's intention to recommend
that the remaining issues in dispute be submitted to interest
arbitration.
(b) Within seven days
after being notified by the mediator, each party shall submit to the mediator
and the other party a written list (including article and section references to
the parties' latest collective bargaining agreement, if any) of the issues that
the party believes should be advanced to interest arbitration.
(2) The mediator shall review the
lists of issues submitted by the parties.
(a)
The mediator shall exclude from certification any issues that have not been
mediated.
(b) The mediator shall
exclude from certification any issues resolved by the parties in bilateral
negotiations or mediation, and the parties may present those agreements as
"stipulations" in interest arbitration under
RCW
41.56.465(1)(b),
41.56.475(4)(b),
or 41.56.492(2)(b).
(c) The mediator may convene further
mediation sessions and take other steps to resolve the dispute.
(3) If the dispute remains
unresolved after the completion of the procedures in subsections (1) and (2) of
this section, interest arbitration must be initiated, as follows:
(a) Except as provided in (b) of this
subsection, the mediator shall forward a recommendation and a list of
unresolved issues to the executive director, who shall consider the
recommendation of the mediator. The executive director may remand the matter
for further mediation. If the executive director finds that the parties remain
at impasse, the executive director shall certify the unresolved issues for
interest arbitration.
(b) For a
bargaining unit covered by
RCW
41.56.492, the mediator shall certify the
unresolved issues for interest arbitration.
Notes
Wash. Admin. Code §
391-55-200
Amended by
WSR
22-23-101, Filed 11/16/2022, effective
1/1/2023
Statutory Authority:
RCW
41.56.090,
41.58.050, 41.58.065,
47.64.300, and
74.39A.270. 12-05-066, §
391-55-200, filed 2/15/12,
effective 3/17/12. Statutory Authority:
RCW
41.56.090,
41.58.050, and
74.39A.270. 10-20-172, §
391-55-200, filed 10/6/10,
effective 11/6/10. Statutory Authority:
RCW
28B.52.080,
41.56.090,
41.59.110,
41.58.050,
41.06.340,
41.76.060,
41.56.450, [41.56].475,
[41.56].492 and74.39A.270 . 03-03-064, §
391-55-200, filed 1/14/03,
effective 2/14/03. Statutory Authority:
RCW
28B.52.080,
41.56.090,
41.59.110,
41.58.050,
41.56.450,
41.56.475 and
41.56.492. 99-14-060, §
391-55-200, filed 7/1/99,
effective 8/1/99. Statutory Authority:
RCW
28B.52.080,
41.56.090,
41.59.110,
41.58.050,
41.56.450 and [41.56].492.
96-07-105, §
391-55-200, filed 3/20/96,
effective 4/20/96. Statutory Authority:
RCW
28B.52.080,
41.56.040,
41.58.050,
41.59.110 and 47.64.040. 80-14-049
(Order 80-8), §
391-55-200, filed 9/30/80,
effective 11/1/80.