King County Public Hospital District 2, Decision 8702(PECB, 2004)

Andrea Sheahan and other employees filed a representation petition with the Commission on August 5, 2004, concerning certain employees of King County Public Hospital District 2 d/b/a Evergeen Hospital Medical Center (employer). SEIU Local 6 was listed as the incumbent exclusive bargaining representative, and a letter accompanying the petition included: “We seek to have SEIU Local 6 certified as our representative” and “Our bargaining unit does not desire to be represented by [SEIU Local] 1199 NW who is attempting to replace Local 6 as our representative.” The petition was accompanied by a copy of a collective bargaining agreement between the employer and SEIU Local 6 effective through October 31, 2004, as well as by a number of sheets signed by multiple employees.

The petition was reviewed for general compliance with the applica­ble statute and rules, and several deficiencies were pointed out in a letter sent to the parties on August 16, 2004:

1.                        The petitioner is seeking an election to retain SEIU, Local 6 as the exclusive bargaining represen­tative instead of being replaced by SEIU, Local 1199. A group of employees cannot force a union to represent them if that union no longer wants to.

2.                        If the petitioner is seeking to decertify the union, a new petition would need to be submitted with individual cards or letters showing that at least 30% of the employees no longer wish to be represented by SEIU, Local 6.

3.                        If the petitioner is alleging that an unfair prac­tice was committed, such a case would be processed under [Chapter] 391-45 [WAC] and a copy of those rules and petition are enclosed for your review.

The petitioners were given until August 30, 2004, to show cause why the petition should not be dismissed as procedurally defective.

The petitioners did not expressly withdraw or amend the petition in this case, but filed a new decertification petition August 31, 2004 (Case 18802-E-04-2983). The above-captioned case is thus deemed to have been abandoned.

NOW, THEREFORE, it is

ORDERED

The petition for investigation of a question concerning representa­tion filed in the above-captioned matter is DISMISSED.

Issued at Olympia, Washington, on the 7th day of October, 2004.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This order will be the final order of the agency unless a notice of appeal is filed with the Commission under WAC 391-25-660.