Wash. Admin. Code § 391-45-260

Current through Register Vol. 24-23, December 1, 2024

Section 391-45-260 - Settlement mediation

A settlement mediation concerning substantive issues may be held under WAC 10-08-200(15).

(1) A different case number is assigned, and all documents for the settlement mediation are kept in a case separate from the documents in the unfair labor practice proceedings.

(2) An agency staff member other than the assigned examiner is assigned to explore settlement between the parties on the substantive issues.

(3) A settlement mediation may be held at any time before issuance of a decision by an examiner in the underlying unfair labor practice proceedings.

(4) During a settlement mediation, the parties will be encouraged, on factual and legal grounds including precedent on the particular subject, to resolve the unfair labor practice dispute.

(5) Participation in a settlement mediation is voluntary and nothing in this rule prohibits parties from exploring settlement on their own. Refusal by a party to participate in a voluntary settlement mediation does not prejudice that party in any manner.

(6) Conversations had and offers made in a settlement mediation are not admissible into evidence at a hearing.

Wash. Admin. Code § 391-45-260

Amended by WSR 22-23-101, Filed 11/16/2022, effective 1/1/2023

Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080. 08-04-059, § 391-45-260, filed 1/31/08, effective 4/1/08. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 34.05.431, 41.56.160 and 41.59.150. 00-14-048, § 391-45-260, filed 6/30/00, effective 8/1/00; 96-07-105, § 391-45-260, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110, 28B.52.073, 41.56.160, 41.59.150 and 53.18.015. 90-06-074, § 391-45-260, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 28B.52.080, 41.58.050, 41.56.090 and 41.59.110. 88-12-056 (Order 88-05), § 391-45-260, filed 5/31/88.