Labor Relations - Representation

The Public Employment Relations Commission (PERC), conducts representation elections or cross check tallies to determine if public employees want to select, change or remove union representation.

• Employees who are not represented by a union, may file a representation case to select a union to represent them.
• Employees who wish to be represented by a different union may file a representation case to change their union representation.
• Employees who no longer wish to be represented may file a representation case to remove (decertify) a union.

Specific information on the type of Representation Cases that may be filed can be found on the PERC website or in WAC 391-25-010.

Labor Organizations may file to be certified as the exclusive bargaining representative of a  particular group of employees.

Individual employees may only file to remove or decertify their existing bargaining representative for the whole Bargaining Unit.

Employers may only file under limited circumstances as described in WAC 391-25-090.

If all parties agree to the matters that need to be determined during the processing of the petition, an election will be held about 6-8 weeks after the petition is filed. When there is a matter that needs to be determined by a hearing, a case will take longer to complete.

The employees in a group choose their own representation. PERC conducts secret-ballot elections in which all members of the group have a choice of voting for or against a union. Under some laws PERC can certify a group as union represented on the basis of the authorization cards, if the union has over 50% support in the group.

If someone requests that you sign a union authorization card, you are free to sign or not to sign the card without fear of reprisal from either the union or WSU. WSU will not request any information from you about your decision about signing an authorization card. We respect your right to authorize or not authorize a union to represent you. 

After you sign an authorization card, and if the union files a petition to represent a group of WSU employees that includes your position, the PERC will count the authorization cards sent to them by the union and based on the amount of cards received, determine whether to certify the group of employees, hold an election, or dismiss the petition:

• If the percentage of valid authorization cards amounts to less than 30% of the proposed group of employees, the union has not submitted enough interest to initiate the process of certifying a new bargaining unit.- WAC 391-25-110
• If the percentage of valid authorization cards is between 30% and 50%, PERC will facilitate a ballot vote to allow employees to elect or not elect representation. A simple majority of those who vote (50% + 1) will determine represented status for all civil service employees included in the proposed bargaining unit. – WAC 391-25-530
• If a majority of employees in the petitioned for unit submit authorization cards, PERC may initiate a cross-check to verify signatures on the authorization cards are those of the employees in the petitioned for unit. Upon completion of the cross-check process, PERC may automatically certify the bargaining unit as covered by the petitioning unit without offering an opportunity for the civil service employees to vote for or against representation in an election. – WAC 391-25-396

You have the right to sign a union authorization card. Withdrawal or revocation of your authorization card is only allowed under certain circumstances when a cross check is contemplated by PERC as outlined in WAC 391-25-396. If you have questions about signing or revoking an authorization card, contact the PERC Representation Case Administrator at (360) 570-7328 or via PERC website.

No. In an election situation, employees vote via secret ballot their choice to be represented or unrepresented. Employees are not required to vote to unionize because they signed an authorization card. Alternately, employees may vote to unionize although they did not sign an authorization card.

WAC 391-25-410 states that the agency, PERC, shall honor a valid revocation of authorization contained in an individual card or letter signed by the employee and furnished to the agency by the employee. For information contact the Representation Case Administrator at the PERC at (360) 570-7328. 

The Secret Ballots are mailed to employees’ homes to vote from the PERC, returned to the PERC, and tallied on a specific date. Instructions on how to complete the ballot will be posted in the event of an election. Mail ballot choices will be for representation by a union or no representation. The election is determined by a majority of ballots returned. A tie vote results in “No Representation” being certified. 

If a party in the case believes specific conduct has improperly affected the results of the cross-check or election, they may file an Objection within seven (7) days of the conclusive tally being issued. Objections can “appeal” rulings made by the Hearing Officer or Executive Director at PERC, allege errors in the election or cross-check procedure, or allege misconduct by a party which improperly affected the outcome.  - WAC 391-25-590

If no objections are filed, the Executive Director at PERC issues a certification of the tally results eight (8) days after the tally is issued. 

No. In accordance with WAC 391-25-140, changes of the status quo concerning wages, hours or other terms and conditions of employment of employees in the Bargaining Unit or proposed Bargaining Unit are prohibited during the period that a petition is pending before the PERC.

For currently represented employees, in accordance with WAC 391-25-140, when a petition is filed that involves employees who are currently represented,

• WSU is required to suspend negotiations with the incumbent union on a successor Collective Bargaining Agreement (Contract) involving employees affected by the petition.
• WSU and the incumbent union may proceed with negotiations covering employees not affected by the petition, and shall resume negotiations on a successor agreement covering the affected employees after the question concerning representation is resolved, if the incumbent exclusive bargaining representative retains its status. 

You have the right to accept literature from the union representative, and set up a time to discuss joining a union during your breaks or meal periods in detail. You may also ask the union representative to leave or contact your supervisor or Human Resource Services at 509-335-4521 for assistance. 

Union representatives may have access to employees in appropriate areas on University property, so long as the union representatives are not present in restricted areas without permission. University policies and procedures and all WSU Contacts state that employee rest and meal periods are non-work time for the purposes of union access to employees. As with any solicitation by an outside entity, solicitation may not negatively impact the productivity of our staff while they are performing their duties for WSU.

Additionally, in accordance with WAC 391-25-436 , while a notice of election is posted, individuals can only conduct campaigning actives in public/non-work areas during non-work time and as long as they do not disrupt operations. The State of Washington also prohibits the use of University resources for personal gain (RCW 42.52.160). Therefore, even if a university employee is participating in the campaigning they may not borrow or use University property for purposes unrelated to official University activities or authorize the free use of University property under their control to anyone for purposes unrelated to official WSU activities. BPPM 20.37 & BPPM 10.21. University resources also includes employees time during work hours. 

WSU does not have control over contact the union has with you outside of the work environment. When off work, you are an individual citizen and may choose your level of contact with the union as with any other individual or organization that comes to your home.

Employees who oppose union representation have the same rights as a union member or union supporter. Employees may freely discuss facts, experiences and opinions with fellow employees. Just as union representatives and union supporters, such discussions should not be held in the workplace during work time, however.

Yes. Employees within the certified Bargaining Unit will become union members, regardless of how they voted or if they voted in the election. 

If you are represented by a union, your wages, benefits, hours of work and other terms of employment must be negotiated between the university and your union, and formally outlined in a Contract.

Per WAC 391-35-350, temporary/hourly employees who, during the previous twelve months, have worked more than 350 non-student hours, are performing similar work as Bargaining Unit employees and who remain available for work on the same basis as Bargaining Unit employees are to be included in the Bargaining Unit.

The Contract terms supersede specific provisions of any institution policies, employee code or WAC that address the same subject, unless otherwise negotiated. Therefore, the terms of the Contract are applied even if WSU policies, code, or WACs about the same subjects in the Contract are different than those contained in that Contract. 

If your Bargaining Unit is decertified your position will be governed by the same rules as other non-represented Civil Service employees. Specific provisions of the these rules are included in the WSU Business Policies and Procedures Manual and the WAC.

Represented employees’ wages are determined by the collective bargaining agreement (Contract) they are covered under, negotiated between the University and the represented employees exclusive representative.

Non-represented classified employees' wages are determined at the state level.

Represented

WSU/PSE Contract Article 44: Compensation

Wage Scale - General Service Salary Schedule Effective July 1, 2015

WSU/WSU Police Guild Contract Article 24 Compensation

Wage Scale - Appendix A Effective July 1, 2015

WSU/WFSE Contract Article 24: Compensation

Wage Scale - General Service Salary Schedule Effective January 1, 2015

Non-Represented

Wage Scale - General Service Salary Schedule Effective January 1, 2015

Health Care Benefits are negotiated separately by the Governor’s Office representative and are the same for represented and non-represented staff. 

Yes. Pursuant to the State Collective Bargaining Law, state collective bargaining agreements may contain a union security provision requiring, as a condition of employment, the payment of a monthly agency shop fee (RCW 41.80.100). WSU’s current Collective Bargaining Agreements do include a union security clause.

Once a union is selected, all employees represented by a union having a  collective bargaining agreement that includes a "union security" provision must either pay union dues, or "agency” or “representation” fees. The amount of dues and representation fees are determined by the union. 

For Specific questions regarding the amount of dues you will pay each month, contact the respective union representatives directly.

Once a union is certified by PERC as the exclusive representative of a Bargaining Unit of employees, it will likely remain so unless the majority of employees in the Bargaining Unit vote to decertify the union pursuant to the procedures established by PERC, under the special provisions for state civil service employees found in WAC 391-25. 

If all parties agree to the matters that need to be determined during the processing of the petition, a mail ballot election or cross-check will be held about 5-7 weeks after the petition is filed. When there is a matter that needs to be determined by a hearing, a case will take longer to complete.

The decision to vote for representation or non-representation is a personal choice. Know your choices, be informed and know what rules will govern your position based on your choice.

Civil Service non-represented staff personnel matters are governed under the provisions of:

• Washington Administrative Code (WAC) - Title 357
• Business Policies and Procedures Manual - Chapter 60
   

Represented staff personnel matters are governed under the provisions of the Contract. If the union already has an existing Contract with WSU, any new units will be governed under that Contract.  Existing contracts can be found on the Human Resource Services - Labor Relations Home Page.

If you have additional or specific questions not addressed above, or if you have experienced issues regarding your right to make an informed decision, you may contact:

University Contacts

Kendra Wilkins-Fontenot
Labor Relations Officer
(509) 335-4522
kfonten@wsu.edu

Kristin Lincoln
Human Resources Assistant
(509) 335-9421
kristin.lincoln@wsu.edu

The Human Resources Consultant for Your Area. 

PERC Contact

Dario de la Rosa
Representation Case Administrator 
(360)570-7328
dario.delarosa@perc.wa.gov 

Union Contact   

Union Representatives

 Additional FAQs regarding Representation Cases can be found on the PERC website.