City of Montesano, Decision 2138 (PECB, 1985)

William Brookshire, Authorized Representative, appeared on behalf of the petitioner, Montesano Police Department Employees.

Daniel O. Glenn, City Attorney, appeared on behalf of the employer, City of Montesano.

Ed L. Jacobson, Secretary-Treasurer, appeared on behalf of the intervenor, Teamsters, Local 252.

On February 23, 1983, the Montesano Police Department Employees filed a petition for investigation of a question concerning representation, claiming that the employees desired to change their designation of exclusive bargaining representative. Teamsters Union Local 252 was granted intervention on the basis of its status as exclusive bargaining representative of petitioned‑for employees in two separately certified bargaining units: one of law enforcement personnel and one of communications (dispatcher employees. At a prehearing conference held on March 21, 1983, the petitioner sought one combined bargaining unit. The parties were notified in the Statement of Results of Pre‑Hearing Conference that the Commission would allow a commingled unit of uniformed and non‑uniformed personnel in cities under 15,000 in population, and that the petitioned‑for commingled unit would require a unit determination election to show the desires of the employees on the bargaining unit structure. A second vote was directed to determine the choice of bargaining representative. The elections were held May 13, 1983. The unit determination election among the communications employees was conclusive favoring a consolidated unit. The unit determination election among the uniformed personnel was inconclusive, since a challenged ballot was sufficient to affect the results. All ballots cast on the representation question were impounded. The case was held in abeyance while the parties sought resolution of the challenged ballot through civil service procedures and appeals to the court system.

On January 3, 1985, without any resolution of the challenged ballot issue, the petitioner moved to strike the request for a combined unit and proceed in the two historically separate units. The city and the incumbent concurred in the motion.

NOW, THEREFORE, IT IS

ORDERED

1.                  The unit determination election is stricken and all ballots cast on the unit determination question are void.

2.                  Separate questions concerning representation shall be determined in the two separate units as historically existing. The impound of ballots cast in the two representation elections is dissolved. Separate tallies of ballots are attached.

DATED at Olympia, Washington, this 21st day of January, 1985.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This Order may be appealed by filing timely objections with the Commission pursuant to WAC 391-25-590.