This chapter governs proceedings relating to arbitration of grievance disputes arising out of the interpretation or application of a collective bargaining agreement under all chapters of the Revised Code of Washington (RCW) administered by the agency. To the extent these rules of practice and procedure differ from the model rules in chapter 10-08 WAC or this agency's general rules of practice and procedure in chapter 391-08 WAC, these special rules prevail.

If the parties agree to arbitrate, a request for appointment of an arbitrator to hear and determine issues arising out of the interpretation or application of a collective bargaining agreement may be filed by the employer, the exclusive representative, their agents, or by the parties jointly.

A request for appointment of a grievance arbitrator may be filed through the agency's online e-filing system, by email, or in writing to the agency's Olympia office, as required by WAC 391-08-120 (1) and (2). If the request is not filed jointly, the party filing the request shall serve a copy on the other party to the collective bargaining agreement under which the dispute arises, as required by WAC 391-08-120 (3) and (4).

Each completed grievance arbitrator request filing form, whether obtained from the agency's website or through the agency's e-filing system, must include all of the following:

(1) Information identifying the parties to the dispute, including:

(a) The name, email address, mailing address, and telephone number of the employer and of the employer's representative;

(b) The name, email address, mailing address, and telephone number of the employee organization and of the employee organization's representative;

(c) A copy of the current or most recent applicable collective bargaining agreement; and

(d) A general description of the employee job classification(s) in the bargaining unit.

(2) Identification of the grievance to be resolved in arbitration.

(3) Designation of the request as:

(a) A request for appointment of a member of the agency staff as arbitrator; or

(b) A request for a list containing a specified number of names from the dispute resolution panel maintained by the agency under WAC 391-75-010.

(4) The name(s), signature(s), and title(s), if any, of the person(s) filing the request as well as the date(s) of the signature(s).

(5) Any other information requested in the grievance arbitrator request filing form found on the agency's website at www.perc.wa.gov or as required through the agency's e-filing system.

Upon concurrence of the parties or upon the submission of a joint request, a member of the agency staff will be assigned as grievance arbitrator. The parties are not permitted to select a grievance arbitrator from a list of agency staff members or to exercise a right of rejection on appointments made under this section. However, the parties may jointly express a preference for appointment of one or more staff members as their arbitrator, and their request will be considered in making the assignment. Upon the submission of a request by one party for the appointment of a member of the agency staff as grievance arbitrator, the agency will determine whether the other party to the collective bargaining agreement concurs in the appointment of a staff arbitrator. In the absence of concurrence, the agency will notify the requesting party of the lack of concurrence and close the case if concurrence is not provided within a reasonable time.

Upon the request of a party, the agency shall provide a list of arbitrators from the dispute resolution panel in accordance with WAC 391-75-020(1). The parties must select an arbitrator under the procedures specified in WAC 391-75-020(2).

The arbitrator assigned or selected shall conduct the arbitration proceedings in the manner provided in the collective bargaining agreement under which the dispute arises, subject to the following:

(1) Arbitration cases handled by members of the agency staff must be kept in the public files maintained by the agency.

(2) Except as provided in subsection (1) of this section, all arbitrators shall maintain compliance with the "Code of Professional Responsibility for Arbitrators of Labor-Management Disputes" as last amended with approval of the Federal Mediation and Conciliation Service.

(3) Rulings, actions, and decisions issued by staff arbitrators under this chapter are not subject to appeal to the commission.

Each party shall pay the expenses of presenting its own case and the expenses and fees of its arbitration panel member, if any. The expenses of witnesses must be paid by the party producing them. The agency shall pay the salary and expenses of a staff member assigned under WAC 391-65-070, but the agency shall not pay any costs for recording or transcription of proceedings or any other expenses of the proceedings. The parties shall pay the fees and expenses of a dispute resolution panel member selected under WAC 391-65-090, as provided in WAC 391-75-020.