Shelton School District, Decision 9830 (PECB, 2007)

On June 15, 2007, Teamsters Union, Local 252 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 for the maintenance employees of the Shelton School District.

A routine letter was mailed to the employer requesting a list of employees. On June 26, 2007, the employer responded with a copy of the current collective bargaining agreement between Educational Support Personnel/Classified Public Employees Association an affiliate of the Washington Education Association (WEA) and the employer. The employer’s response noted that the petitioned-for unit did not constitute the entire bargaining unit.

A recent passage of legislation prohibits classified bargaining units in existence from July 24, 2005 from being divided into more than one unit without the consent of both the employer and certified bargaining representative of the unit. On July 18, 2007, an investigation conference was conducted where the employer and incumbent union were asked to state their position on dividing the maintenance employees out of the existing bargaining unit. The employer stated it had no objection to the division, while the incumbent union opposed the division. On the same day, a letter was sent giving the petitioner a period of time to respond why the petition should not be dismissed. To date, there has been no response from the petitioner.

APPLICABLE LEGAL PRINCIPLES

RCW 41.56.060 states:

Determination of Bargaining Unit - Bargaining Representa­tive. (1) The Commission, after hearing upon reasonable notice, shall decide in each application for certifica­tion as an exclusive bargaining representative, the Commission shall consider duties, skills, and working conditions of the public employees; the history of collective bargaining by the public employees and their bargaining representatives; the extent of organization among the public employees; and the desire of the public employees. The commission shall determine the bargaining representative by: (a) Examination of organization membership rolls; (b) comparison of signatures on organization bargaining authorization cards; or (c) conducting an election specifically therefore.

(2) For classified employees of school districts and educational service districts:

(a) Appropriate bargaining units existing on July 24, 2005, may not be divided into more than one unit without the agreement of the public employer and the certified bargaining representative of that unit; and (b) In making bargaining unit determinations under this section, the commission must consider, in addition to the factors listed in subsection (1) of this section, the avoidance of excessive fragmentation.

(emphasis by bold added)

ANALYSIS

The current collective bargaining agreement between the employer and WEA describes the bargaining unit as all persons employed by the District in maintenance, custodial, food service, paraprofessional, educational assistant, computer technician and printer positions.

The petitioner is seeking to change representation for only the maintenance employees of this employer. The WEA made its position clear that it opposed the petitioner’s request to sever the maintenance employees from the historically larger unit.

CONCLUSION

RCW 41.56.060(2) prohibits the bargaining unit from being divided without the consent of both parties. Due to the exclusive bargaining representative stating its position against dividing the bargaining unit, this 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 8th day of August, 2007.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

CATHLEEN CALLAHAN, 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.