STATE OF WASHINGTON PUBLIC EMPLOYMENT RELATIONS COMMISSION

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STATE OF WASHINGTONPUBLIC EMPLOYMENT RELATIONS COMMISSIONMICHAEL P. SELLARS, EXECUTIVE DIRECTOR112 Henry Street NE, Suite 300 Post Office Box 40919 Olympia, Washington 98504-0919(360) 570-7300 Fax: (360) 570-7334 E-mail filings: filing@perc.wa.gov Website: www.perc.wa.govApril 3, 2017Governor Jay InsleeOffice of the GovernorP.O. Box 40002Olympia, Washington 98504-0002kym.ryan@gov.wa.govHunter G. GoodmanSecretary of the SenateP.O. Box 40482Olympia, Washington 98504-0482secretary.senate@leg.wa.govBernard Dean, Chief ClerkHouse of RepresentativesP.O. Box 40600Olympia, Washington 98504-0600bernard.dean@leg.wa.govDear Governor Inslee, Mr. Goodman, and Mr. Dean,We are pleased to submit, pursuant to RCW 41.58.010(4), the Annual Report of the PublicEmployment Relations Commission, covering 2012-2016. This is the agency’s first annual reportsince 2008 when the report was suspended following budget cuts. The report will also beaccessible on the agency’s website: perc.wa.gov.Very truly yours,Michael P. SellarsExecutive DirectorPublic Employment Relations Commissionmike.sellars@perc.wa.gov (360) 570-7306

Annual ReportPublic Employment Relations Commission2017

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportContentsMessage from the Director 1I. Overview 2Mission 2Values 2The Commission 3Executive Director 4Professional Staff 4Organizational Structure 5II. Strategic Service Delivery 6Mediation 8Adjudication 9Representation 10Conflict Prevention 11Recent Key Decisions 12Strike History 14III. Major Achievements 15Online and Telephonic Elections 15More and Better Online Service Options 16Improved Case Management 17Eliminated Commission Backlog 18IV. Looking Forward 19Contact Information 20

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportMessage from the DirectorWhen I took the helm as director in December 2011, the PublicEmployment Relations Commission (PERC) was already viewed as acredible labor relations mediation and adjudication entity. Still, uponmy arrival, my questions were: what do we do, why do we do it, whydo we do it this way, and what can we do better?Together, we identified a number of challenges and found ways to streamlineand speed up our processes. One of the biggest challenges facing us was anaging and limited technology system that required redundant processes. Amongthe things we decided to improve upon was to lessen the length of time for theCommission to issue decisions, which was an average of 358 days from the closeof the record in 2011.Working closely with the Commission, we identified practices that could bechanged, like allowing for summary decisions in appropriate situations.Efficiencies such as this helped drive down the time it took to issue Commissiondecisions and eliminate case backlog.In 2013, we established new performance targets. Our initial goal was to bring down the time it took to issue alldecisions. By 2014, we had met and exceeded my expectations. In our current strategic plan, we aim to issue100 percent of Commission decisions within 90 days of the close of the record, similar to all other PERCadjudicative decisions.In 2015, we replaced our outdated case management system with a more flexible technology. The new systemeliminated redundancies, provided more automation, supported a paperless business environment, and helpedstaff speed up many of our processes.We remain committed to ensuring that public employees and employers receive the highest quality, unbiased, andprofessional dispute resolution services available. Because we receive funding through legislative appropriations,we do not charge for our services and can remain a neutral third-party in dispute resolution. Helping employersand employees work through disputes contributes to a fair and respectful workplace.This is PERC’s first annual report since 2008, and includes data since 2012. I am proud of the work we do every dayto make sure services in the public sector are delivered without interruption.Mike SellarsExecutive DirectorPage 1

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportI. OverviewThe Public Employment Relations Commission (PERC) is anindependent state agency created to help resolve public-sectorlabor relations disputes. PERC has jurisdiction overpublic-sector labor relations and collective bargaining in thestate of Washington and administers 10 different collectivebargaining laws covering nearly 350,000 employees.PERC does not investigate or prosecute unfair labor practiceclaims, nor does it adjudicate duty of fair representation claims.Vision:Leaders and partners inimproving public sectorlabor-managementrelations.MISSIONTo prevent or minimize the disruption to public services through the impartial,timely, and expert resolution of labor-management disputes.VALUESInnovation Excellence Credibility Neutrality Integrity Balance RespectPERC has jurisdiction over collective bargaining for public employers statewide, including:CitiesCountiesPolice DepartmentsFire DistrictsState of WashingtonState Community CollegesState UniversitiesK-12 (Teachers and Classified)Page 2Public Transit SystemsState Ferry SystemPortsHome Care ProvidersFamily Child Care ProvidersAdult Family Home ProvidersLanguage Access ProvidersSymphony Musicians

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportTHE COMMISSIONA three-person citizen commission appointed by the governor adopts rules and decides appeals. These part-timecommissioners each serve a five-year term. The Commission appoints the Executive Director who is responsible forthe daily operation of the agency.Chairperson MarilynGlenn Sayanbrings a wealthof knowledgeand experienceto theCommission,including over 30 years in personneland labor management. Sayanretired from Washington State as theDepartment of Personnel director in1993 after serving as thedepartment’s deputy and laborrelations manager. She was also theappeals program manager for thestate’s Higher Education PersonnelBoard. From 1999 to 2006, sheserved on the executive board of theAssociation of Labor RelationsAgencies and was president from2006 to 2007. She is also a mediatorand active community volunteer. Shehas a JD from the University of PugetSound, School of Law and a BA fromThe Evergreen State College.Originally appointed in February1996 as Chair, she is serving her fifthterm. Her current term expires in2021.Page 3Mark E. Brennan has over 35 years’labor relations experience as both aneutral and an advocate. He workedwith the National Labor RelationsBoard in Seattle from 1978 to 1983.From 1983 to 2010, he representedprivate and public sector laborunions and employee benefit funds.Since 2010, he has acted as amediator and arbitrator. He is on theFederal Mediation and ConciliationService and American Association ofArbitrators arbitration panels andhas been on the PERC DisputeResolution Panel. In 2011, he wasappointed by Governor ChrisGregoire to the Marine EmployeesCommission until its sunset in 2013.He was appointed to theCommission by Governor Jay Insleein 2013. Brennan has a BA from theUniversity of Washington and a JDfrom theGonzagaUniversitySchool ofLaw. Hiscurrent termexpires in 2018.Mark R. Bustoassistedmanagementfor over 30years inestablishing andadministering human resourcespolicies and programs. Herepresented employers beforejudges, juries, administrativeagencies, and arbitrators between1983 and 2015. He is an activevolunteer and previously served as amember and chair of the KingCounty Personnel Board (1992–96)and Secretary/Treasurer of the Laborand Employment Law Section of theWashington State Bar Association(2000–04). Busto currently serves onthe National Board of Directors ofAmerican Rivers. He has a BA fromOccidental College and a JD from theUniversity of Southern California LawCenter. Prior to obtaining his lawdegree, he was an employeerelations consultant to the State ofCalifornia. His term expires in 2019.

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportEXECUTIVE DIRECTORIn addition to being responsible for the day-to-day operations of the agency, the Executive Director determinesbargaining unit configurations and certifies bargaining unit representatives. The Executive director also engages inoutreach and training, mediation, and adjudication.Executive Director Mike Sellars was appointed in December 2011 and has over 20 years of public-sector labor andemployment law experience. He serves on the executive board of the Association of Labor Relations Agencies. Hehas a BA from Boise State University and a JD from Seattle University School of Law.PERC has 1 executive director and 29 professional staff.PROFESSIONAL STAFFLed by the Executive Director, PERC has only 30employees, so it’s critical that each individual hasthe capacity, resources, and support to do their job.PERC staff is committed to resolving disputes in amanner that prevents or minimizes disruption ofpublic services.Labor relations professionals provide high-quality,timely dispute resolution services. Labor RelationsAdjudicators/Mediators are classified stateemployees cross-trained to conduct both mediationsand adjudications. About a third of PERC’sadjudicators/mediators have retired over the pastfive years. As a result, recruitment and training arePage 4key workforce strategies to help maintain highlyskilled adjudicators/mediators.Of the 21 adjudicators/mediators in the agency,three manage field staff and 15 work in the field,travelling to the parties to mediate and adjudicatedisputes as well as engage in dispute prevention. Thefinal three adjudicators/mediators work in specialistpositions: one oversees representation matters andconducts representation elections or card checks,another manages the intake process for unfair laborpractice complaints, and the third assists theCommission with its work on appeals.Eight additional staff members provide technical andadministrative support.

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportORGANIZATIONAL STRUCTUREPERC has officesin Olympia iveServices ManagerIT sentationCase Admin.ULP ManagerField Services ManagerField Services ManagerField Services Manager(Olympia)(Olympia)(Kirkland)4 Labor RelationsAdudicators/Mediators5 Labor RelationsAdjudicators/Mediators6 Labor RelationsAdjudicators/Mediators5 LegalAssistantsOur services areprovided all overthe state, whereverthe parties arelocated.Page 5Employee and salary information is available in the State EmployeeSalaries database (http://fiscal.wa.gov/Salaries.aspx).

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportII. Strategic Service DeliveryPERC oversees the rights guaranteed by the tencollective bargaining statutes under its jurisdiction.PERC provides conflict prevention and resolutionservices to public employees and employers.These services support the mechanisms thatallow employees and employers to holdeach other accountable. Accountabilityleads to a more productive workplaceand higher employee engagement.As a neutral third party, PERC works toresolve disputes between employees andemployers in a fair and timely way. Thegoal is to prevent and minimize disruptionso that public service delivery continuesuninterrupted.Annual Requests forPERC Services8992012Services by her9%Page onds toan average of800 requestseach year.8082016

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O NPERC professional services include:Average Cases 2012–162012–16MediationCollective Bargaining AgreementsUnfair Labor Practice ComplaintsAdjudicationUnfair Labor Practice ComplaintsGrievance ArbitrationsBargaining Unit ConfigurationsRepresentationElectionsBargaining Unit ClarificationsConflict PreventionTrainingOutreachFacilitationOnline ResourcesOtherDispute Resolution Panel RequestsPERC maintains a list of qualified private arbitratorsand provides a select panel to parties upon request.Certification of Issues to Interest ArbitrationFor employees under certain statutes, PERC certifiesany issues remaining in dispute following mediation.Page 7352AVERAGE REQUESTS FOR SERVICES ANNUALLYGrievances 2017 Annual ReportMediation 12%Grievances 24%CollectiveBargainingAgreements 8%Unfair LaborPractice Complaints212Adjudication 24%Unfair LaborPractice Complaints 2%Grievance Arbitrations 1%Declaratory Order,Fact Finding &Non-Association110Representation 9%Elections 5%Unit Clarifications55 7%75 9%Conflict PreventionOther

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportMEDIATIONIn mediation, an impartial mediator helps those in conflict define issues, explore solutions, and reach mutualagreement. Mediation is voluntary and the parties are in control of any agreements that result. Mediation seeks toprevent conflicts from escalating and the goal is mutual acceptability.PERC conducts three types of mediation: Collective Bargaining Agreements: When a publicemployer and a union don’t agree on the terms of acollective bargaining agreement, PERC providesmediation to help the parties reach an agreement. Grievances: When a public employer and a union havea dispute over the interpretation or application of acollective bargaining agreement, PERC offersmediation to help the parties reach an agreement. Unfair Labor Practice Complaints: PERC offers partiesinvolved in unfair labor practice complaints theopportunity to participate in mediation.Mediation is aneffective way to resolvedisputes because itsaves money andboth parties controlthe decision.MEDIATION OUTCOMES2012–16AgreementReached72%Certified to InterestArbitration3%No Agreement12%Parties mutuallyreach agreementmost of the timewhen they use PERCmediationservices.Page 8Withdrawn13%

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportADJUDICATIONLess Cases Going to HearingOver 90 percent of the adjudication cases filed each year are unfair labor practice (ULP)complaints. Since 2012, about 200 unfair labor practice complaints have been filedannually, but the number of those cases going forward to hearing have decreased bynearly 50 percent. More cases are being resolved through PERC mediation.Unfair Labor PracticeMediations result in theparties reachingagreement over 70percent of the time.Fewer Hearings as a Result ofMore Agreements Reached in ULP 122013201420152016Appeal of Adjudicative DecisionsAdjudicative decisions issued by PERC Labor Relations Adjudicators/Mediators may be appealed to theCommission, and the Commission’s decisions may be appealed to court.The frequency of adjudicative decisions being appealed to court and the percentage upheld on appeal areindicators of the soundness and quality of PERC decisions. Over the last 15 years, about 20 percent of thecommission’s decisions have been appealed to court. Since 2012, 79 percent of appealed decisions are unchangedfollowing appeal to court.Page 9

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportREPRESENTATIONA cornerstone of the state’s collective bargaining laws is the right of employees to decide whether to berepresented for purposes of collective bargaining. It is a priority for PERC that a representation petition beprocessed quickly so that employees get to exercise that right. A count is conducted about 10 weeks after apetition is filed. When there are issues requiring adjudication first, a count is conducted about 6-10 months afterthe petition is filed. Reducing these timelines is an agency goal.Average Days to CountAverage Days70to Count if aHearing60Is Held 2483002842542502485020018140150302010093Average Days10to CountWithout a0Hearing815660632013201420155002012Counts Conducted Without a Hearing2016Counts Conducted After a HearingIn the last five years,PERC’s largest countinvolved about 1,300employees and thesmallest includedonly two.Page 10

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportCONFLICT PREVENTIONPERC has increased its efforts to help employers and employees preventdisputes, and clientele has responded positively. The annual volume ofrequests for conflict prevention services—including training, outreach, andfacilitation—has more than doubled since 2012.The most costeffective way toresolve a disputeis to avoid one.PERC staff travels statewide to provide training to public employers andunions, either separately or jointly, to help Improve labor-management relationships. Expand knowledge of collective bargaining laws and processes. Learn and apply the Interest-Based Bargaining process. Learn and apply other collaborative bargaining techniques.All requests for conflict prevention services can be made online at perc.wa.gov/training. Introductory trainingwill soon be offered online and on-demand. PERC also provides custom training upon request.Conflict Prevention Training Requests Continue to Increase85322012Downloadableand on-demandtraining will beavailable in 2017 onthe PERC website.Page 116566201420152820132016

P U B L I C E M P L O Y M E N T R E L AT I O N S C O M M I S S I O N 2017 Annual ReportRECENT KEY DECISIONS2014Lake WashingtonSchool District2016Washington StateUniversity2014 – 2015 – 20162015AmalgamatedTransit UnionLake Washington School District, Decision11913-A (PECB, 2014)The statute of limitations to file an unfair laborpractice complaint is six months from the illegalconduct. The start of the six-month statute oflimitations, or triggering event, occurs when apotential complainant has actual or constructivenotice of the complained-of action.However, in a skimming case where a partyalleges that bargaining unit work was removedfrom the bargaining unit without bargaining first,the work must actually be removed from thebargaining unit in order for a skimming violationto occur. Until that point, a cause of action forskimming cannot exist.The statute of limitations in a skimming casecannot begin to run until the work is assigned tonon-bargaining unit employees.P

The Public Employment Relations ommission (PER) is an independent state agency created to help resolve public-sector labor relations disputes. PER has jurisdiction over public-sector labor relations and collective bargaining in the state of Washington and administers 10 different collective bargaining laws covering nearly 350,000 employees.

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