City of Lynden, Decision 7527-A (PECB, 2001)

Dennis P. London, Business Representative, appeared on behalf of the petitioner.

Deborra E. Garrett, Attorney for the City of Lynden, appeared on behalf of the employer.

This matter came before the Commission on objections filed by the City of Lynden.  The objections are limited to a ruling made by Executive Director Marvin L. Schurke in City of Lynden, Decision 7527 (PECB, 2001), concerning the eligibility of the police chief for inclusion in a separate unit of supervisors.  The results of the cross-check indicate that the union will be entitled to certification if the police chief is excluded from the unit.  An interim certification is therefore appropriate so that the parties can commence the collective bargaining relationship.

FINDINGS OF FACT

1.                  The above‑named petitioner filed with the Public Employment Relations Commission a petition for investigation of a question concerning representation of employees of the above-named employer. The petition was timely filed and was accompanied by a showing of interest which was administratively determined by the Commission to be sufficient.

2.                  Following an investigation conference, the Commission proceeded with determina­tion of the question concerning representation, and issues framed concerning the eligibil­ity of certain employees for inclusion in the bargaining unit were reserved for subsequent determination.

3.                  These representation proceedings were conducted by the Commission in the bargaining unit described as:

All supervisory law enforcement officers employed by the City of Lynden who are uniformed personnel as defined in RCW 41. 26. 030(7) (e), excluding elect­ed officials, officials appointed for a fixed term of office, confidential employees, and all non-supervisory employees.

4.                  All proceedings were conducted under the supervision of the Commission in a manner designed to afford the affected employees a free choice in the selection of a bargaining representative, if any; a tally of the results was previ­ously fur­nished to the parties and is attached hereto; and the objections filed in this proceed­ing will not affect the outcome of the question concerning representation.

CONCLUSIONS OF LAW

1.                  The unit described in paragraph 3 of the foregoing findings of fact is an appropriate unit for the purposes of collec­tive bargaining within the meaning of RCW 41. 56. 060.

2.                  All conditions precedent to issuance of an interim certification have been met.

NOW, THEREFORE, it is

CERTIFIED

1.                  The employees of the above-named employer in the appropri­ate bargaining unit described in paragraph 3 of the foregoing Findings of Fact have chosen:

International Association of Machinists

and Aerospace Workers, District 160

as their exclusive bargain­ing representative for the purpose of collective bargain­ing with their employer.

2.                  The dispute concerning eligibility of the police chief is reserved for further proceedings before the Commission.

Issued at Olympia, Washington, on the 11^th day of December, 2001.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARILYN GLENN SAYAN, Chairperson

[SIGNED]

SAM KINVILLE, Commissioner

[SIGNED]

JOSEPH W. DUFFY, Commissioner