Wahkiakum School District, Decision 7860 (PECB, 2002)

On June 14, 2002, the Public School Employees of Washington (PSE) filed a petition for investigation of a question concerning representation with the Public Employment Relations Commission under Chapter 391-25 WAC, seeking a change of representation from the Wahkakiam District Classified Employees (WDCE) for the classified employees of the Wahkiakum School District. The Washington Education Association filed a timely cross-petition on June 19, 2002.

A conference call was conducted on July 15, 2002 and an election was scheduled for August 20, 2002. The results of the election were as follows:

Approximate number of eligible voters . . . . . . . . . . . . . . . . . . . .  . . 34

Votes cast for PSE of Washington . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Votes cast for Washington Education Association . . . . . . . . . . . . . . . 8

Votes cast for Wahkiakum Dist Classified Employees . . . . . . . . . . . 10

Votes cast for No Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . 0

Number of valid ballots needed to determine election. . . . . . . . . . . . 18

The election was inconclusive so that a run-off election was necessary. WAC 391-25-570 states:

In any election in which there are more than two choices on the ballot if none of the choices receives the number of votes necessary to determine the election, a run-off election shall be held providing for selection between the two choices receiving the largest numbers of valid ballots cast in the inconclusive election. Any organization to be excluded from a run-off election may file objections to specific conduct affecting the results of the inconclusive election. . .

PSE did not file any objections. The run-off election was conducted between the WEA and WDCE since they received the most votes.

PSE lost any further standing in the representation proceedings once the results of the initial election became final. Therefore, its petition must be dismissed.

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 16th day of October, 2002.

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.