(1) Either the employee or the exclusive bargaining representative may file a petition to obtain a ruling from the commission if:
- (a) The exclusive bargaining representative disputes the eligibility of the employee to assert the right of nonassociation; or
- (b) The exclusive bargaining representative disputes the program of the employee organization which the employee desires to be the recipient of alternative payments; or
- (c) The exclusive bargaining representative fails to make a timely response under WAC 391-95-056; or
- (d) The employee claiming nonassociation fails to name a program of the employee organization to receive alternative payments.
- (2) Disputes concerning whether an employee is within the bargaining unit covered by a union security provision shall not be a subject of proceedings under this chapter.
- (3) Disputes concerning interpretation or application of the collective bargaining agreement containing the union security provision shall not be a subject of proceedings under this chapter.
[Statutory Authority: RCW 41.58.050, 41.80.100. WSR 08-04-058, § 391-95-076, filed 1/31/08, effective 4/1/08.]