City of Battle Ground, Decision 10514 (PECB, 2009)

Summit Law Group, by Bruce L. Schroeder, Attorney at Law, joined on the brief by Sofia D’ Almedia Mabee, Attorney at Law, for the employer.

Emmal Skalbania & Vinnedge, by Patrick A. Emmal, Attorney at Law, for the union.

On March 12, 2009,the Battle Ground Police Officers Association (union) filed a petition with the Public Employment Relations Commission to represent a bargaining unit comprised of the Records Clerk and Community Services Officer employed in the police department of the City of Battle Ground (employer).

The union argues that a separate bargaining unit is appropriate. The employer argues that the proposed unit is inappropriate and seeks to include the positions in the clerical unit represented by the Battle Ground Public Employees Association (BGPEA). A hearing was held by Hearing Officer J. Martin Smith, on May 11, 2009, and the parties submitted post-hearing briefs.

ISSUE

The only issue is whether a new bargaining unit comprised of the Records Clerk and Community Services Officer is appropriate, or whether the two positions should be placed in the existing clerical unit represented by the Battle Ground Public Employees Association (BGPEA).[1]

Based upon the evidence and arguments presented, the Executive Director concludes that the creation of a new bargaining unit for the Records Clerk and Community Services Officer positions is appropriate.

ANALYSIS

In determining, modifying, or combining the bargaining unit, the Commission considers:

•                     the 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.

RCW 41.56.060. The Commission makes unit determinations on a case-by-case basis. Among the four factors listed above, no one factor is overriding or controlling. Additionally, all four factors need not arise in each and every case. Concrete School District, Decision 8131 (PECB, 2003).

The employer maintains that the inquiry here is whether a separate unit comprised of the two positions is appropriate. The employer argues that the prior inclusion of these positions in the BGPEA clerical unit would be appropriate and that the Records Clerk and Community Services Officer positions share a community of interest with the existing clerical unit. While there may have been a period of time of inclusion in the clerical unit, intervening events have occurred and the question of a community of interest has never been examined by the Commission.

Duties, Skills, and Working Conditions

The City of Battle Ground is organized into various departments: Community Development, Engineering and Public Works, Court, Finance, and Police. The employer and union stipulated in a prior proceeding before the Commission that the Records Clerk and Community Services Officer positions are not law enforcement officers, and thus not uniformed personnel within the meaning of RCW 41.56.030(7). City of Battle Ground, Decision 10321 (PECB, 2009).

The police department includes the following law enforcement officer positions or uniformed personnel: chief of police, lieutenant, sergeant, and police officer. The sergeants and police officers are grouped into four squads and a detective division. The Records Clerks and the Community Services Officers are each assigned to a squad and are supervised by a sergeant. The Records Clerks and the Community Services Officers are in daily contact with other law enforcement officers of the police department.

The police department building is in a separate location from the other city departments. It is the only location with a security entrance. Visitors who enter the work area must be escorted by a police department employee.

Unique to the police department is that all employees are covered by a civil service system. That system controls procedures for appointment, transfer, promotion, reinstatement, demotion, and discharge. It is governed by a civil service commission. Appointments are made following open competitive exams.

The police department has a separate manual of policy and procedure. One policy covers uniform requirements for the uniformed personnel and the non-uniformed personnel.

There are currently two employees in the police department in the Records Clerk position. They perform a variety of clerical duties for the department. They prepare investigative files and cita­tions, take fingerprints and give receipts to customers, and provide customer service both in person and by telephone. In order to process criminal records, the employees must undergo a back­ground check, be fingerprinted, and pass a polygraph test. They have to be ACCESS certified. The Records Clerks are members of the Law Enforcement Record and Information Association and attend training and conferences twice a year. They wear a uniform of a polo shirt with khaki pants in the summer and a shirt and sweater with black pants in the winter.

There are currently two employees serving in the position of Community Services Officer. They perform a variety of routine and complex assignments in the investigation, interpretation, and enforcement of city codes, rules and regulations. They patrol the city for code violations, perform animal control, and act as court bailiff. Their equipment includes a taser gun, baton, pepper spray, handcuffs, radio, and cell phone. As court bailiff, they take prisoners into custody, and handcuff and transport them. They wear two badges and their immediate supervisor is a police sergeant. They wear a blue uniform similar to the police officers.

Existing Clerical Unit

The clerks in the existing city-wide clerical unit represented by the BGPEA work for the Finance Department, Executive Department, Engineering and Public Works Department, the Court Division, and the Community Development Division. All of these departments are housed in the city hall building, with the exception of Public Works which is in a separate building.

The Finance Clerk performs a variety of duties pertaining to the account records of the city, and prepares and maintains statistical or narrative reports. The Finance Clerk is supervised by the Finance Director or the Senior Accountant.

The Customer Services Clerk provides secretarial support to the executive staff, serves as the assistant to the Deputy City Manager, provides support to Human Resources and acts as an interface between, and provides technical support for, the public and technical staff. Supervision is provided by the Deputy City Manager.

The Planning/Permit Clerk performs a variety of customer service duties to assist in administering programs and services offered to the community, and interacts with the general public, contractors, and developers. The Planning/Permit Clerk position requires a thorough knowledge and understanding of building construction terminology and administrative procedures. Supervision is provided by the Community Development Director or designee.

The Court Clerk performs clerical duties for municipal court processes according to established practices and procedures, prepares tickets and court dockets, assembles files, processes payments, and maintains schedules.

Comparison

The Community Services Officer duties are not similar to the duties of any employee in the city-wide clerical unit. The Records Clerk has somewhat similar duties to the above clerks in that they both perform clerical duties.

The overall working conditions differ significantly. The police department employees are covered by a civil service system. They work in a separate secure facility, report to uniformed personnel, and must undergo a background check, be fingerprinted, and pass a polygraph test as a pre-condition of employment. They also have a uniform requirement that other clerks do not have.

History of Collective Bargaining

The employer and the union have had a bargaining relationship for the police officer bargaining unit since 1991. As originally certified by the Commission, the unit of police officers is defined as “All regular police officers of the City of Battle Ground Police Department, excluding supervisors, confidential employees and all other employees of the employer.”

In 2004, the employer and the union entered into a collective bargaining agreement effective from 2004 to 2006. The agreement included the Records Clerk and the Community Services Officer positions.

The History of the Clerical Unit

The employer and the BGPEA have had a bargaining relationship since 1996. The unit of clerical staff is defined as “All full-time and regular part-time clerical staff and Community Service Officers of the City of Battle Ground, excluding supervisors, confidential employees and all other employees.”

In 2004, the employer and the BGPEA entered into a 2004-2006 collective bargaining agreement covering the positions of Clerk I - V. The agreement listed the different levels of clerk positions and included the public works department employees for the first time. The agreement did not include the Records Clerk or Community Services Officer. A similar successor agreement was reached covering the period of 2007-2009.

Comparison

A comparison of the 2004-2006 police officer and clerical agree­ments reveals that they contain different working conditions. The police officer agreement contains greater benefits for wage increases, call-back time, and annual leave. The agreements contain different provisions for tuition reimbursement, grievances, and discipline. The police officer agreement takes into account the fact that the employees are covered by a civil service system. The clerical agreement does not. These differences show that the two groups do not have similar working conditions.

Extent of Organization

Unit determinations are made on a case-by-case basis, and the starting point for any unit determination analysis is the configu­ration sought by the petitioning organization. King County, Decision 5910-A (PECB, 1997). The statute does not require determination of the most appropriate unit; it is only necessary that a petitioned-for unit by an appropriate unit. City of Winslow, Decision 3520-A (PECB, 1990).

Desires of Employees

Under WAC 391-25-420, the exclusive method used by the Commission to determine the desires of employees in representation cases is to conduct a secret ballot election.

CONCLUSION

The Records Clerks and the Community Services Officers do not share similar duties, skills, and working conditions with the employees in the clerical unit. The Records Clerks and Community Services Officers share a unique community of interest and there is no compelling reason that they cannot constitute a separate appropriate unit.

FINDINGS OF FACT

1.                  The City of Battle Ground is a public employer as defined by RCW 41.56.020.

2.                  The Battle Ground Police Officers Association is a bargaining representative within the meaning of RCW 41.56.030(3).

3.                  The Battle Ground Public Employees Association, a bargaining representative within the meaning of RCW 41.56.030(3), is the exclusive bargaining representative of a bargaining unit of the employer’s clerical employees.

4.                  On March 12, 2009, the Battle Ground Police Officers Associa­tion filed a petition seeking to represent the employees in the employer’s police department in the positions of Records Clerk and Community Services Officer.

5.                  The Records Clerks and Community Services Officers differ from the employees in the existing clerical unit in that they work in a separate location, are covered by a civil service system, are supervised by uniformed personnel, have dissimilar wages and benefits, require different training, and undergo differ­ent pre-employment conditions.

CONCLUSIONS OF LAW

1.                  The Public Employment Relations Commission has jurisdiction in this matter under Chapter 41.56 RCW and Chapter 391-25 WAC.

2.                  The following constitutes an appropriate bargaining unit:

All full-time and regular part-time Records Clerks and Community Services Officers of the City of Battle Ground Police Department, excluding super-visors, confidential employees and all other employees.

DIRECTION OF CROSS-CHECK

A cross-check of records shall be made under the direction of the Public Employment Relations Commission, to determine whether a majority of the employees in the bargaining unit described in paragraph 2 of the foregoing Conclusions of Law have authorized Battle Ground Police Officers Association to represent them for the purposes of collective bargaining.

ISSUED at Olympia, Washington, on the 21^st day of August, 2009.

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.