Representation
In the state of Washington, several categories of state employees have the right to request that a union represent them for purposes of collective bargaining. Washington State University (WSU) respects your ability to make your own choice, and wants to assure you that we will respect your decision. This information is in response to the many general questions about union organizing activities and questions about representations and membership that we have received from WSU employees. Accordingly, we ask that you take a moment and consider the information below if you have questions about making a choice about union representation.
If you have additional or specific questions not addressed below, or if you have experienced issues regarding your right to make an informed decision, you may contact Kendra Hsieh, Labor Relations Officer at 509-335-4521 or the Public Employment Relations Commission (PERC) Representation Case Administrator directly at 360-570-7328.
Representation FAQs
- What types of representation cases can be filed?
- Who can file a representation petition?
- How long does it take to process a representation petition?
- Who selects if a group of employees will be represented by a union?
- What happens when I sign a union authorization card?
- Does my choice to sign or not sign a Union authorization card, mean I have already cast my vote if an election takes place?
- If I signed an authorization card, and would like to revoke it, what should I do?
- How does an election actually take place and what will be my choices on the ballot?
- What happens after a cross-check or election tally has been completed?
- Can WSU make changes to my working conditions after a petition regarding representation has been filed?
- What are my rights if a union representative wants to talk to me about joining a union during working hours at my work location?
- What can I do about union representatives coming to my home?
- What can an employee who is not in favor of union representation do during union organizing efforts?
- If my coworkers voted for a union and PERC certifies a bargaining unit that includes my position, will I automatically become a member of the union?
- What does it mean to be represented by a union? How does this affect me?
- If I am a Temporary/Hourly employee, do I have to be part of a bargaining unit?
- Will the Contract between WSU and the union that represents my position include all of the current policies and employee codes that are now in place if my position is not a represented position?
- What happens to staff and employee related committees when employees elect to be represented by a union?
- If my Bargaining Unit votes to decertify and are no longer represented by the union, what rules will govern my position?
- Will my wages and benefits change if my position is represented by a union?
- If PERC certifies a union as the exclusive bargaining representative of a unit of WSU employees, when will there be another election?
- How long does the Representation case process take?
- How do I choose how I want to be represented?
- What is an election by card-check?
- Can employees revoke or withdraw their showing of interest cards?
- What is an election by mail ballot?
- Who may I contact if I have questions or need assistance?
1. What types of representation cases can be filed?
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 (Who May File).
2. Who can file a representation petition?
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 (Petition filed by employer).
3. How long does it take to process a representation petition?
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.
4. Who selects if a group of employees will be represented by a union?
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.
5. What happens when I sign a union authorization card?
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. See WAC 391-25-110 (Supporting evidence—Showing of interest confidential).
- 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. See WAC 391-25-530 (Votes needed to determine election).
- 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. See WAC 391-25-396 (Special provision—State civil service employees).
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 (Special provision—State civil service employees). If you have questions about signing or revoking an authorization card, contact the PERC Representation Case Administrator at 360-570-7328 or via the PERC website.
6. Does my choice to sign or not sign a Union authorization card, mean I have already cast my vote if an election takes place?
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.
7. If I signed an authorization card, and would like to revoke it, what should I do?
WAC 391-25-410 (Cross-check of records) 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.
8. How does an election actually take place and what will be my choices on the ballot?
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.
9. What happens after a cross-check or election tally has been completed?
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. See WAC 391-25-590 (improper conduct and interim orders).
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.
10. Can WSU make changes to my working conditions after a petition regarding representation has been filed?
No. In accordance with WAC 391-25-140 (Notice to employees—Limitations on employer actions), 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 (Notice to employees—Limitations on employer actions), 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.
11. What are my rights if a union representative wants to talk to me about joining a union during working hours at my work location?
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 391-25-430 Notice of election or card check, 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, Use of persons, money, or property for private gain). 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, Personal Use of University Resources, and BPPM 10.21, Summary of Ethics Law and Policies. University resources also includes employees time during work hours.
12. What can I do about union representatives coming to my home?
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.
13. What can an employee who is not in favor of union representation do during union organizing efforts?
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.
14. If my coworkers voted for a union and PERC certifies a bargaining unit that includes my position, will I automatically become represented by the union?
Yes. Employees within the certified Bargaining Unit will become represented by the union, regardless of how they voted or if they voted in the election.
15. What does it mean to be represented by a union? How does this affect me?
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.
Current Collective Bargaining Agreements:
- Washington Federation of State Employees
- WSU Police Guild
- International Union of Operating Engineers
- United Automobile, Aerospace, and Agricultural Implement Workers of America
16. If I am a Temporary/Hourly employee, do I have to be part of a bargaining unit?
Per WAC 391-35-350 (Exclusion of casual and temporary employees), 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.
17. Will the Contract between WSU and the union that represents my position include all of the current policies and employee codes that are now in place if my position is not a represented position?
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.
Current Collective Bargaining Agreements:
- Washington Federation of State Employees
- WSU Police Guild
- International Union of Operating Engineers
- United Automobile, Aerospace, and Agricultural Implement Workers of America
18. What happens to staff and employee related committees when employees elect to be represented by a union?
In the event that a group of employees elects to be represented by a union for the purposes of collective bargaining, the ability to maintain any other committees or organizations for the purposes addressing terms and conditions of employment may be limited. Any groups that represented the employees prior to unionizing may need to cease certain or all activities regarding the modification of terms and conditions of employment upon the official filing for union representation or certification. RCW 41.06.540 and WAC Title 391-25.
19. If my Bargaining Unit votes to decertify and are no longer represented by the union, what rules will govern my position?
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.
20. Will my wages and benefits change if my position is represented by a union?
Represented employees’ wages are determined by the 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/WSU Police Guild Contract Article 24 Compensation: Wage Scale – Appendix A, Effective July 1, 2016
- WSU/WFSE Contract Article 24: Compensation: Wage Scale – General Service Salary Schedule
Non-Represented
- Wage Scale – General Service Salary Schedule
Health Care Benefits are negotiated separately by the Governor’s Office representative and are the same for represented and non-represented staff.
Current Collective Bargaining Agreements:
- Washington Federation of State Employees
- WSU Police Guild
- International Union of Operating Engineers
- United Automobile, Aerospace, and Agricultural Implement Workers of America
21. If PERC certifies a union as the exclusive bargaining representative of a unit of WSU employees, when will there be another election?
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 (Representation Case Rules).
22. How long does the Representation case process take?
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.
23. How do I choose how I want to be represented?
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.
24. What is an election by card-check?
When the Union provides the PERC, and the PERC certifies signed Interest Cards, from more than 50 percent of the petitioned for employees, a card check is conducted. PERC requests employer records containing the employees’ signatures. The signatures on those records are compared to the signatures on the showing of Interest Cards. Each matching signature counts as a vote in support of union representation. No ballots are sent to employees and no additional vote is conducted.
25. Can an employee revoke or withdraw their showing of interest cards?
Yes. Employees can revoke or withdraw their showing of interest cards for the purpose of a card check by submitting a signed written request to PERC within a specific timeframe. The notices posted by the employer will indicate the withdrawal deadline. The card check tally occurs after the employment records are received. The tally results are sent to the representatives on the case.
26. What is an election by mail ballot?
Yes. Employees can revoke or withdraw their showing of interest cards for the purpose of a card check by submitting a signed written request to PERC within a specific timeframe. The notices posted by the employer will indicate the withdrawal deadline. The card check tally occurs after the employment records are received. The tally results are sent to the representatives on the case.
27. Who may I contact if I have questions or need assistance?
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 Hsieh
Labor Relations Officer
509-335-4522
kfonten@wsu.edu
Labor Relations Assistant
hrs.labor@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:
- Washington Federation of State Employees
- WSU Police Guild
- International Union of Operating Engineers
- United Automobile, Aerospace, and Agricultural Implement Workers of America
Additional FAQs regarding Representation Cases can be found on the PERC website.
Representation Cases
| Unit Description | Case Filed with PERC | PERC Case Number | Case Documents |
|---|---|---|---|
| Per November 21, 2024 Interim Certification: All postdoctoral employees as defined by RCW 41.56.513 employed by the Washington State University, excluding supervisors, confidential employees, employees covered by chapter 41.76 RCW, and all other employees. Union: Postdocs United/The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America UPDATE 11.26.2024 Labor Relations received the Public Employment Relations Commission (PERC) Decision #13993, for PERC Case #137583-E-23, regarding Postdoctoral Employees at Washington State University. The Certification Decision is effective November 21, 2024. | September 18, 2023 | 137583-E-23 | Petition Representation Notice to Employees Investigation Statement Notice of Election by Card Check Updated List of Eligible Employees Tally of Card Check Decision-Interim Certification |
Previous Representation Cases
| Unit Description | Case Filed with PERC | PERC Case Number | Case Documents |
|---|---|---|---|
| All employees enrolled in academic programs and employed by Washington State University in the following classifications: (1) Graduate Teaching Assistant; (2) Graduate Staff Assistant; (3) Graduate Project Assistant; (4) Graduate Veterinary Assistant; (5) Graduate Research Assistant, and any other student employees whose duties and responsibilities are substantially equivalent to those employees in the described positions*; excluding students who have incidental or no service expectancy imposed upon them by the employer, casual employees, confidential employees, supervisors, employees covered under Chapter 41.76 RCW, employees included in any other bargaining unit, and all other employees. Union: The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America *WSU is currently working with the UAW and the PERC to review and determine which hourly employees including undergraduate student hourly positions may be included in the bargaining unit as defined. **The certification includes both Graduate and Undergraduate Academic Student Employees. WSU continues to work with the UAW on position inclusion. Additionally, WSU continues to work with the PERC to address discrepancies in the facts within the certification. | May 4, 2022 | 135073-E-22 | Petition Representation Notice to Employees Investigation Statement Notice of Election by Card Check Tally of Card Check Decision – Interim Certification **Final Decision |
| All non-supervisory Health Care Providers at WSU Student Health Services. Excluding all other employees and employees in other bargaining units. Positions include: PA-C, Physician Assistant MD, CAQSM, Physician ARNP, DNP, Nurse Practitioner MD, Physician DO, CAQSM, Physician Mid-Level Practitioner ACNP, Nurse Practitioner OD, Optometrist Union: Washington Federation of State Employees | May 24, 2023 | 136678-E-23 | Petition Representation Notice to Employees Order Closing Case |
| Bargaining Unit 22 All full-time and regular part-time custodians and maintenance custodians of the Washington State University Tri-Cities Campus, excluding supervisors, confidential employees, and all other employees. Union: Teamsters Local 839 | August 19, 2022 | 135724-E-22 | Certification Withdraw Request – Disclaim of Interest Decision |
| Bargaining Unit 22 All full-time and regular part-time custodians and maintenance custodians of the Washington State University Tri-Cities Campus, excluding supervisors, confidential employees, and all other employees. Union: Teamsters Local 839 | August 9, 2021 | 134382-E-21 | Petition Notice to Employees Investigation Statement Tally of Cross-Check Decision |
| Bargaining Unit 21 All full-time and regular part-time stationary engineers, maintenance mechanics, and information technology specialist 3 positions employed in the Washington State University Steam Plant; excluding supervisors, confidential employees and all other employees. Union: International Union of Operating Engineers, Local #280 | January 3, 2019 | 131233-E-19 | Petition Notice to Employees Investigation Statement Tally of Cross-Check Decision |
| All non-supervisory employees of the Farm and Maintenance Operations Unit of the Puyallup Research Extension Center of Washington State University. Excluding, supervisors, faculty, exempt and all other employees. Union: Washington Federation of State Employees Decision effective August 11, 2017 | June 1, 2017 | 129021-E-17 | Petition Notice to Employees Investigation Statement Tally of Cross Check Decision |
| Bargaining Unit 13 and Bargaining Unit 19 Unit Description: All full-time and regular part-time employees in the Construction Services, Maintenance Services, and Waste Management Sections within the Facilities Services/Operations Department at Washington State University, excluding supervisors, confidential employees, and all other employees Union: Washington Federation of State Employees Decision effective December 19, 2017. | October 28, 2016 | 128521-E-16 | Petition Decision |
| Bargaining Unit 16 All full-time and regular part-time custodians and maintenance custodians of the Washington State University Tri-Cities Campus, excluding supervisors, confidential employees and all other employees. Union: Public School Employees of Washington Election Timeline: Ballots mailed by PERC – May 3, 2017 Ballots due back to PERC – May 26, 2017 Tally of ballots conducted by PERC – May 30, 2017 | March 28, 2017 | 128869-E-17 | Petition Notice to Employees Notice of Representation Election Investigation Statement Ballot Instructions Tally of Election Decision # 12725 – PSRA |
| Bargaining Unit 18 All full-time and regular part-time non-supervisory employees in Facilities Operations, Custodial Services Unit, at the Pullman campus of Washington State University, excluding supervisors, confidential employees and all other employees. Union: Public School Employees of Washington Election Timeline: Ballots mailed by PERC – April 6, 2017 Ballots due back to PERC – May 1, 2017 Tally of ballots conducted by PERC – May 2, 2017 | March 6, 2017 | 128831-E-17 | Petition Notice to Employees Notice of Representation Election Investigation Statement Ballot Instructions Tally of Election Decision # 12690 – PSRA Decision |
| All employees at Washington State University Pullman campus in the Facilities Operations Waste Management department. Union: Washington Federation of State Employees | June 1, 2016 | 128222-E-16 | Notice Petition July 19, 2016 Notice of Representation Election Ballot Instructions for Representation Election July 20, 2016 Amended Investigation Statement August 25, 2016 Tally of Election October 3, 2016 Certification |
| Bargaining Unit 1 All full-time and regular part-time civil service employees of Washington State University Western Washington and certain employees of the Wenatchee Tree Fruit Research and Extension Centers, excluding confidential employees, internal auditors, and all other employees. Union: Washington Federation of State Employees | April 2, 2015 | 27141-E-15-3932 | Notice Petition May 8, 2015 Notice of Representation Election May 8, 2015 Investigation Statement June 12, 2015 Tally of Election August 11, 2015 Decision 12396-PSRA August 18, 2015 Decision 12396-A-PSRA |
| Bargaining Unit 17 All full-time and regular part-time employees at the Washington State University Spokane Campus in the Facilities Operations Division, excluding supervisors, confidential employees, and all other employees. Union: Washington Federation of State Employees | March 18, 2015 | 27105-E-15-3924 | Notice Petition April 10, 2015 Notice of Representation Election April 10, 2015 Ballot Instructions for a Representation Election April 10, 2015 Investigation Statement May 8, 2015 Tally of Election May 19, 2015 Decision 12338 – PSRA |
| Bargaining Unit 14 All full-time and regular part-time employees of the Steam Plant at Washington State University, excluding the Supervisors, Confidential Employees and all other employees. Union: Teamsters Union, Local 690 | April 15, 2015 | 21760-E-08-3366 | April 15, 2015 Certification Withdraw Request – Disclaimer of Interest May 4, 2015 Decision 10136-A-PSRA |
| All full-time and regular part-time non-supervisory employees in Facilities Operations, Custodial Services Unit, at the Pullman campus of Washington State University, excluding supervisors, confidential employees, and all other employees. Union: Public School Employees of Washington | June 11, 2014 | 26522-E-14-3875 | Notice Petition July 11, 2014 Investigation Statement August 21, 2014 Decision 12143-PSRA September 17, 2014 Amended Investigation Statement October 1, 2014 Tally of Cross Check October 10, 2014 Decision 12143-A-PSRA |
| Bargaining Unit 13 All full-time and regular part-time non-supervisory employees in the Construction Services, Maintenance and Utilities Divisions within the Facilities Operations Department of Washington State University, excluding supervisors, confidential employees and all other employees. Union: Washington Federation of State Employees | March 15, 2013 | 25539-E-13-3777 | Notice Petition September 17, 2014 Notice of Representation Election October 17, 2014 Tally of Election October 27, 2014 Decision 12048-B-PSRA |