This is an appeal from a declaratory ruling rendered by an Authorized Agent. Except as hereinafter modified, his findings of fact and conclusions of law are affirmed.

The Authorized Agent found that Communications Supervisor, Chief Power Dispatcher, Relay and Meter Supervisor, Underground Residential Distribution Supervisor, Fire Alarm Supervisor, Traffic Signal Supervisor, Chief Electrical Inspector, Assistant Chief Electrical Inspector and Assistant Overhead System Supervisor all filed affidavits disclaiming any confidential relationship with the executive heads of their respective departments or divisions. One of the three Hydro Electric Plant Supervisors disclaimed any involvement in the formulation of personnel policy. The Authorized Agent concluded that all of the individuals in question were “managerial” type supervisors who are not public employees as defined in RCW 41.56.030(2).

The evidence is clear that all of the incumbents of the positions listed are supervisors within the meaning of Section 2(11) of the National Labor Relations Act, or managerial employees.

Section 2(2) of RCW 41.56.030, the statute we are charged by law to interpret, provides:

(2) “Public employee” means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer.”

None of these employees were elected by popular vote. None were appointed to office pursuant to statute, ordinance or resolution for a specified term by the executive head or body of the public employer, in this case the City of Tacoma. None performs duties as deputy, administrative assistant or secretary necessarily implying a confidential relationship to the executive head or body of the applicable bargaining unit, or to any person elected by popular vote or appointed to office for a specified term by the executive head or body of the City of Tacoma.

When Chapter 41.56 was enacted, the Legislature had before it the National Labor Relations Act with years of interpretation and application. It chose to reject these precedents and enacted very narrow exclusions from the term “public employee.” The statutory language is not ambiguous.

While the Department of Labor and Industries administered this chapter, it saw fit to recognize a classification of managerial employees. We see no statutory basis for such identification.

Accordingly, we have no choice but to reverse the second, third and fourth conclusions of law and the order made by Authorized Agent and to substitute the following conclusion of law and order:

II.

The individuals employed in the positions listed in the Petition are public employees within the meaning of RCW 41.56.030(2).

DECLARATORY RULING

The individuals employed in the positions listed in the Petition are public employees entitled to the protections of the Public Employees’ Collective Bargaining Act, Chapter 41.56 RCW.

Dated this ________ day of ________, 1977.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARY ELLEN KRUG, Chairman

[SIGNED]

MICHAEL H. BECK, Commissioner

[SIGNED]

PAUL A. ROBERTS, Commissioner