Section 391-25-420 - Unit determination electionsEmployees may not be subjected to examination or cross-examination concerning their views on the configuration of bargaining units. A unit determination election is the exclusive method to determine the desire of the employees involved.
(1) If the executive director determines that either of two or more bargaining unit configurations proposed by petitioning or intervening organizations could be appropriate, a unit determination election must be conducted.(2) Unless governed by RCW 41.56.050(2) or 41.80.070(3), if an organization desires to merge two or more historically separate bargaining units, it may request a unit determination election under this section. (a) The organization shall file a petition under WAC 391-25-070, indicating under "other relevant facts" that it is seeking a merger of two or more existing bargaining units.(b) The showing of interest must indicate support for the merger of units and be evaluated separately in each of the historical bargaining units.(c) The proposed merged unit must be an appropriate unit under the applicable statute. (i) If the propriety of the merged bargaining unit is disputed, the executive director shall make a determination following a hearing.(ii) If the propriety of the merged bargaining unit is stipulated, the executive director or designee shall determine whether the proposed unit is, on its face, an appropriate bargaining unit under the applicable statute.(d) If the merged unit is found to be appropriate, the agency shall conduct a unit determination election in each of the bargaining units proposed for merger.(i) If the merger is rejected in any of the historical units, the petition must be dismissed.(ii) If the merger is approved in all of the historical units and no motion for intervention has been granted, the executive director shall issue a certification designating the petitioning organization as the exclusive bargaining representative of the merged bargaining unit.(iii) If a motion for intervention has been granted under WAC 391-25-170 or 391-25-190, the agency shall conduct a representation election prior to the issuance of a certification.Wash. Admin. Code § 391-25-420
Amended by WSR 22-23-101, Filed 11/16/2022, effective 1/1/2023Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.56.060. 01-14-009, § 391-25-420, filed 6/22/01, effective 8/1/01.