Kitsap County, Decision 8170 (PECB, 2003)

STATE OF WASHINGTON BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petitions of:	CASE 15631-E-01-2601
KITSAP COUNTY CENCOM EMPLOYEES GUILD	DECISION 8170 - PECB
	CASE 15633-E-01-2602
Involving certain employees of:	DECISION 8171 – PECB
KITSAP COUNTY	DIRECTION OF ELECTIONS

Cline & Associates, by Karyl Elinski, Labor Consultant, for the petitioner.

Nancy Buonanno Grennan, Labor Relations Manager, for the employer.

David Kanigal, Attorney at Law, for the incumbent intervenors, WSCCCE Local 1308 and WSCCCE Local 1308S.

On February 6, 2001, the Kitsap County CENCOM Employees Guild (KCCEG) filed three petitions with the Public Employment Relations Commission under Chapter 391-25 WAC, seeking certification as exclusive bargaining representative of various groupings of Kitsap County employees in a Central Communications Department (CENCOM). The petitions identified Local 1308 and Local 1308S of the Washington State Council of County and City Employees (WSCCCE) as the incumbent exclusive bargaining representative of a larger bargaining unit which included the petitioned-for employees, and the WSCCCE was granted intervention in the proceedings. The KCCEG later withdrew one of its petitions and amended the two remaining petitions. A hearing was held on November 30, 2001, before Hearing Officer Rex L. Lacy, and on June 11, June 12, September 10, September 11, and September 23, 2002, before Hearing Officer Kenneth J. Latsch.

The Executive Director concludes that either of two bargaining unit configurations could be appropriate in each case under RCW 41. 56. 060, so that the desires of the employees must be assessed by means of unit determination elections. Representation elections are also directed in each case, conditioned upon the outcome of the unit determination elections.

BACKGROUND

Kitsap County has approximately 1150 employees, of which about 685 are divided among 14 existing bargaining units. Several Kitsap County departments are headed by officials who are elected by popular vote, including the Prosecutor, Assessor, Auditor, Clerk, Coroner, Treasurer, and District Court. The heads of Administra­tive Services, Community Development, and Public Works departments are appointed by the Board of County Commissioners. The director of the Cooperative Extension office is appointed by Washington State University.

The WSCCCE has been the exclusive bargaining representative of various Kitsap County employees since 1969. Currently:

•                     WSCCCE Local 1308 represents approximately 235 non-supervisory employees. [1] That broad grouping includes clerical, technical, professional, and maintenance staff of the Prosecutor’s Office, Clerk’s Office, Assessor’s Office, Treasurer’s Office, Coroner, District Court, Public Works, Community Development, Administrative Services, Cooperative Extension and Central Communications. These employees are located at offices and plants in several different locations throughout the county. The most recent collective bargaining agreement between Local 1308 and the employer was effective from January 1, 1997, through December 31, 1999. All of the terms of that collec­tive bargaining agreement are applicable to CENCOM employees, and some contract provisions were specific to CENCOM employ­ees. CENCOM employees have participated in the collective bargaining process as part of the union negotiating team over the years.

•                     WSCCCE Local 1308S represents approximately 44 supervisors in some or all of the same departments. That separate bargaining unit was created in 1998, by agreement of the employer and Local 1308. [2] Those parties were in negotiations for a separate contract for that bargaining unit when the instant petitions were filed.

Separately, the WSCCCE represents a bargaining unit of non-supervisory corrections personnel, under Kitsap County, Decision 5090 (PECB, 1995), and a bargaining unit of courthouse security personnel, under Kitsap County, Decision 6128 (PECB, 1997).

The KCCEG is a recently-formed organization which has a purpose of collective bargaining. It seeks to become the exclusive bargaining representative of the emergency services dispatchers historically represented by the WSCCCE.

The Cencom Structure

CENCOM was founded in 1976 as an interlocal agency, and has functioned since that time to provide a centralized, county-wide, dispatching service for a variety of law enforcement agencies, fire departments, and emergency medical service providers. CENCOM is now housed in a facility located approximately 10 miles north of the primary Kitsap County offices.

CENCOM Policies -

As revised in 1993, the interlocal agreement establishes a 13-member policy board consisting of three Kitsap County commission­ers, the Kitsap County sheriff, the mayor and two city council members from Bremerton, the mayor of Port Orchard, the mayor of Bainbridge Island, the mayor of Poulsbo, and three fire commission­ers from Kitsap County fire districts. The responsibilities of that board include setting policy, and evaluating and adjudicating matters concerning:

•                     The annual CENCOM operation budget and funding;

•                     Overall governing authority of the system and its programs;

•                     Implementation of new programs and discontinuance of existing programs;

•                     Staffing levels and problems;

•                     Evaluation of systems upgrade (five year plan);

•                     Resolution of matters affecting CENCOM operations or user agency requirements; and

•                     Any other matter of major importance.

The director of CENCOM is hired by, and serves at the pleasure of, the policy board.

In addition to the CENCOM policy board, there are a number of advisory groups of law enforcement and fire personnel that work on policy and operational issues. None of those groups get involved in personnel matters affecting CENCOM employees.

Management -

Among other things, the director of CENCOM (currently Ron McAffee) is responsible for hiring, firing, disciplinary actions and other personnel matters involving CENCOM employees. An assistant director of CENCOM (currently Dave Magnanet) reports to McAffee.

Budget -

Funding for CENCOM operations, including salaries, employee benefits and other related personnel expenses, is provided by contributions from the various user agencies under a set formula. McAffee prepares the budget and the policy board makes the final decision with regard to approval or disapproval. Like all of the other user agencies, Kitsap County may not make any changes to the budget without approval of the policy board.

Labor Relations -

Notwithstanding the role of Kitsap County as one-among-equals in the CENCOM budget process, all labor relations functions concerning CENCOM employees have historically been handled solely by the Kitsap County Board of Commissioners. The CENCOM policy board has not written bargaining proposals, has not directed contract negotiations, and has not had a role in the settlement of contrac­tual grievances.

The CENCOM Operation

CENCOM is divided into two sections: (1) the CENCOM 911 center; and (2) the Emergency Management Division. McAffee oversees both divisions. The CENCOM staff is further divided into four func­tional areas: (1) Operations; (2) Data Systems; (3) Technical; and (4) Administration. Positions within all four of those functional areas are affected by the instant petitions.

The Dispatch Function -

There are several classifications of employees who receive calls and dispatch responses at CENCOM:

•                     Employees working under “primary call receiver,” “emergency telecommunicator-in-training,” “emergencytele communicator I,” and “emergency telecommunicator II” titles are referred to collectively as “dispatchers” and have historically been represented by WSCCCE Local 1308.

•                     Shift supervisors have previously been separated from the dispatchers, and have recently been represented by WSCCCE Local 1308S.

According to Magnanet, these employees have “unique skills and abilities” because they must “make quick, accurate decisions affecting life and/or property. Remain alert, calm and courteous under extreme pressure. Obtain essential information from highly stressed, hostile and confused callers. ” They must also remain in their high-stress work environment for their entire eight-hour shifts, including lunches and breaks. CENCOM processes approxi­mately 216,000 calls each year, which is about 600 per day.

The primary call receiver classification was created in the early to mid-1990’s. At the time of the hearing, there were eight positions in this classification. These employees answer incoming 911 calls, screen and prioritize 911 calls, and answer incoming business line calls. They also answer calls from officers, assisting them with information regarding event history.

The emergency telecommunicator-in-training classification was created in approximately 1995. These employees perform essentially the same duties as employees in the emergency telecommunicator I classification, but with increased supervision.

The emergency telecommunicator I classification was formerly titled “dispatcher” and was the only dispatch position in existence through 1984. There are currently 24 employees in this classifica­tion. Their primary duties are to answer calls, dispatch re­sponses, determine officer availability, and advise of the appropriate fire recommendations.

The emergency telecommunicator II classification was created in approximately 1995. There are currently six employees in this classification. In addition to performing all of the duties of the primary call receiver and emergency telecommunicator I classifica­tions, these employees serve as acting supervisors, and are the primary trainers for other dispatchers and supervisors in CENCOM.

The CENCOM supervisors oversee all of the dispatch classifications, and report to Assistant Director Magnanet. There are currently six supervisors at CENCOM. To hold a supervisor position, one must first be qualified as a dispatcher. These employees are also responsible for “assisting in the planning, organizing, supervising and scheduling” of personnel.

Other CENCOM Functions -

The KCCEG petitions also include employees working in other CENCOM functions, including “account clerk II,” “systems analyst,” “communication center technician,” “data systems engineer,” and “operations support technician” classifications. All of those classifications except for the “account clerk II” have been created since 1984. These employees are responsible for the technical and administrative aspects of CENCOM operations. They support the development, implementation, and training relating to the special­ized equipment, radio towers, and computer systems essential for the operations of the 911 Center. For example, the Information Technology Department is considered so essential to CENCOM operations that the policy board reorganized the division in 2001 under a statement that:

Our CAD system is our most specialized and mission critical tool, and no single employee can possibly accomplish the myriad of tasks required. We will quickly burn that person out and lose the institutional knowledge invested, not to mention the high risk inability to cross-train these highly skilled IT employees so we don’t “implode” if one of them leaves.

Several of the employees now performing support functions have had dispatcher training, and at least three of them have worked at CENCOM as dispatchers on an overtime basis.

Previous Severance Attempt

In 1984, Teamsters Local 589 filed a representation petition seeking to carve out a separate bargaining unit of CENCOM dispatch­ers from the broader unit then represented entirely by WSCCCE Local 1308. That petition was dismissed, based upon a conclusion that the bargaining unit of emergency service dispatchers being proposed for severance in that proceeding was not an appropriate unit under the statute. Kitsap County, Decision 2117 (PECB, 1984).

POSITIONS OF THE PARTIES

The KCCEG has pursued two petitions which, as amended, seek severance of separate units of CENCOM employees as follows: (1) a unit of full-time and regular part-time non-supervisory employees of CENCOM, excluding the emergency services department; and (2) full-time and regular part-time supervisors of CENCOM, excluding the emergency services department. The KCCEG alleges that the petitioned-for units are appropriate, that the employees in those units share the requisite communities of interest, and that substantial changes since 1984 now warrant severance of the CENCOM employees from the Kitsap County units.

The employer argues that the petitions fail to meet the Commis­sion’s well-established criteria for severance, that the functions performed by CENCOM employees are similar to and overlap with those of other positions in the existing bargaining unit, and that granting these petitions would further fragment the employer’s workforce.

The WSCCCE points out that the bargaining unit it represents has been in existence for many years. It contends that no significant changes have occurred that would reduce the community of interest of the CENCOM employees with other bargaining unit members. It urges that the dispatch personnel should remain in the existing bargaining unit.

DISCUSSION

Applicable Legal Standards

The determination and modification of appropriate bargaining units is a function delegated by the legislature to the Commission. RCW 41.56.060.In making unit determinations, the Commission applies the community of interest criteria set forth in that statute, as follows:

RCW 41.56.060 DETERMINATION OF BARGAINING UNIT--BARGAINING REPRESENTATIVE. The commission, after hearing upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representa­tive, the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider 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

(emphasis added). Caution is indicated throughout the unit determination process, because the configurations implemented often outlast the individuals who participate in their creation. At the same time, Commission precedent recognizes the need to alter unit configurations on the basis of changed circumstances. [3]

The “duties, skills and working conditions” component will operate in all - or nearly all - unit determination proceedings.

The “history of bargaining” component will only operate where employees involved in a unit determination have actually been represented for the purposes of collective bargaining. Under Yelm School District, Decision 704-A (PECB, 1980), the history of bargaining in an existing bargaining unit weighs heavily against (but does not altogether preclude) the “severance” of employees from an appropriate bargaining unit at the behest of a union seeking certification to represent a smaller bargaining unit.

The “extent of organization” component compares the unit sought to the whole of an employer’s workforce. Bargaining units encompass­ing “all non-supervisory employees of the employer” are generally considered appropriate, as it is generally accepted that all employees will share a community of interest in dealing with their common employer concerning their wages, hours, and working conditions. Units that are less than employer-wide have also been found appropriate where they encompass all of the employees within a generic occupational type (a “horizontal” unit), or where they encompass all of the employees with a branch of the employer’s table of organization (a “vertical” unit). City of Bellingham, Decision 7322-A (PECB, 2001).

The desires of employees are so closely related to the choice to be exercised by secret ballot that the subject is excluded from examination and cross-examination of employee witnesses. When either of two or more unit configurations being sought by petition­ing organizations could be appropriate by application of the other unit determination criteria (as in “severance” situations), the Commission uses secret ballot unit determination elections under WAC 391-25-420(1) to obtain the preferences of the employees involved. See Riverside School District, Decision 7098 (PECB, 2000); King County, Decision 6696 (PECB, 1999); Seattle School District, Decision 4869 (1994); Ephrata School District, 4675-A (PECB, 1995). Such unit determination elections give the employees an opportunity to overrule their history of bargaining. See Mukilteo School District, Decision 1008 (PECB, 1980); City of Marysville, Decision 4854 (PECB, 1994); Quincy School District, Decision 3962 (PECB, 1993), aff’d Decision 3962-A (PECB, 1994), 77 Wn. App. 741 (1995), review denied, 127 Wn. 2d 1019 (1995).

Joint Operations –

Where two or more public entities have banded together to form a joint operation separate and apart from the workforces and operations of the participating entities, the Commission has created separate bargaining units which give effect to the realities of such situations. See City of Lacey, Decision 396 (PECB, 1978) [joint animal control operation formed by a county and several included cities]; SnoIsle Vocational Skills Center, Decision 841 (EDUC, 1980) and Kitsap Peninsula Vocational Skills Center, Decision 838-A (EDUC, 1981) [vocational education opera­tions formed by neighboring school districts]. See also Clark County, Decision 7233 (PECB, 2000).

Application of Standards

Duties, Skills and Working Conditions -

Given the rejection of a “severance” petition concerning CENCOM in 1984, the issues in this case are limited to determining whether changes of circumstances since 1984 warrant a different result. The procedural and analytical posture of this case are thus similar to the situation in City of Bellingham, Decision 7322-A (PECB, 2001), where an organization petitioned for a severance that had been rejected years before. [4] The evidence in these cases estab­lishes that there have been numerous and significant changes since 1984,[5] and that the employees in the bargaining units proposed by the KCCEG now share the communities of interests that would be required to create separate bargaining units.

The CENCOM jobs require specialized and advanced skills which have changed with technology since 1984, and set them apart from other Kitsap County employees. Their work is complex, and their duties are not interchangeable with those of other classifications. Even the support staff positions require being highly skilled in CENCOM operations, and the operations staff is fully integrated into the CENCOM operations.

Hiring of CENCOM employees is different from the hiring procedures for other positions in the existing bargaining unit. Prior to hiring, dispatcher applicants must pass a rigorous screening process that is only applicable to prospective dispatchers, including an oral interview, a polygraph examination, a background check, a hearing test, a drug screening, and a psychological examination. No other members of Local 1308 and 1308S must satisfy all of these requirements prior to hiring.

Training of CENCOM employees is also distinguished from the training given to other employees in the existing bargaining unit. Dispatchers must pass an intense, lengthy, and rigorous training program which is unique to dispatchers among all County employees, including two months of full-time classroom instruction with weekly testing to ensure that they are progressing. After the classroom portion of the training is completed, prospective dispatchers must learn to answer and enter calls and use the radio in the dispatch center. This process takes at least 10 months. In addition, dispatchers must obtain dispatcher accreditation and must take classes to obtain certification to access information on the national and state criminal information computers, as well as obtaining certification for CPR (both via telephone and in person), AED (Automatic External Defibrilator), CBD (Criteria Based Dispatch) and state certifications for emergency telecommunicator I and II.

Supervision of CENCOM employees is by the director appointed by the user groups, and is separate and apart from the supervision of other employees in the existing bargaining unit. Each agency member of CENCOM sets forth its own duties and responsibilities for responding to calls, and dispatchers can be disciplined for failure to follow the procedure of a particular agency. In addition, unlike other members of Local 1308, virtually every minute of a dispatcher’s job is audiotaped and subject to review, can be subpoenaed for trial, and can be used for disciplinary purposes

Isolation of CENCOM employees is significant, inasmuch as they are located a substantial distance from the work locations of other employees in the existing bargaining unit. Thus, while employees in all of the dispatch-related functions have frequent contact among themselves in one facility, their isolation from other Kitsap County employees is similar to the situation in the recent City of Bellingham case, and is distinguished from Cowlitz County, Decision 4960 (PECB, 1995). [6] Consistent with the absence of ongoing inter­change of information or interaction between the CENCOM employees and other members of the existing units, the CENCOM employees have separate holiday parties and food donation drives. In addition, the expired collective bargaining agreement specifically provided and defined separate work rules for the dispatchers. Similar differences exist for the proposed supervisors group

Work Hours of CENCOM employees are on an around-the-clock basis every day of the year, and they are subject, as a condition of employment, to mandatory overtime. They are considered “essential” employees and must work their regularly scheduled shifts during declared emergencies. Even the “account clerk II” at CENCOM is considered to be an “essential” employee and is subject to call-out during emergencies. Other employees in the existing bargaining unit are not automatically subject to such call-out, even if they are considered “essential” for some purposes. Due to their scheduling, CENCOM employees are unable to participate in the annual picnic, “take your child to work day” programs, car pooling programs, and telecommuting programs available to other employees in the existing bargaining unit

The “joint operation” facts contribute to the separation of the CENCOM employees from other Kitsap County employees. CENCOM is a separate entity authorized by the Interlocal Cooperation Act, Chapter 39.34 RCW.[7] As revised since 1984, its budget and gover­nance are separate and distinct from any of the participating entities served, including Kitsap County. The petitioned-for units are limited to CENCOM employees

History of Bargaining -

The history of bargaining in the existing bargaining unit dates back to the inception of CENCOM. While that fact aligns with the facts in Cowlitz County, Decision 4960, the evidence in this case suggests that the bargaining relationships in the existing unit have been more troubled than were evidenced in the Cowlitz County case

Extent of Organization -

The existing bargaining unit represented by the WSCCCE never was a “wall-to-wall” bargaining unit, even after the exclusion of “uniformed personnel” required by WAC 391-35-310. The employer’s resistance to fragmentation of its workforce is inherently weakened by the organization of at least two new units by the WSCCCE in the 1990’s, and by the continued presence of hundreds of unrepresented employees. The employees at issue in these proceedings could comprise “vertical” units of supervisors and non-supervisory employees in the dispatch operation

Desires of Employees -

Multiple unit configurations could be appropriate in these cases: The WSCCCE continues to be a viable organization that desires to represent the petitioned-for employees, and no party has seriously argued that the existing bargaining units represented by WSCCCE Local 1308 and by WSCCCE Local 1308S are inappropriate under the statue; the KCCEG has filed timely and properly supported petitions and application of the other unit determination criteria yields a conclusion that the CENCOM employees could constitute appropriate separate bargaining units. Under established precedent, unit determination elections are needed to assess the “desires of employees” component of the statutory unit determination criteria

FINDINGS OF FACT

1.                     Kitsap County is a public employer within the meaning of RCW 41. 56. 020 and 41. 56. 030(1). Kitsap County is the host agency and employer-of-record for the Kitsap County Central Communi­cations (CENCOM) operation, which provides emergency services dispatching on a county-wide basis

2.                     Kitsap County CENCOM Employees Guild, a bargaining representa­tive within the meaning of RCW 41. 56. 030(3), has filed timely and properly supported petitions seeking certification as exclusive bargaining representative of separate bargaining units of non-supervisory employees and supervisors in the CENCOM emergency services dispatching operation

3.                     Washington State Council of County and City Employee, Local 1308, a bargaining representative within the meaning of RCW 41. 56. 030(3), has been granted intervention in these proceed­ings on the basis of its status as the incumbent exclusive bargaining representative of a multi-departmental bargaining unit which includes non-supervisory employees of the CENCOM emergency services dispatching operation. The bargaining relationship between the employer and Local 1308 dates back to the creation of CENCOM, and formerly encompassed supervisors working in that operation. Local 1308 continues to be a viable organization interested in representing the historical bargaining unit

4.                     Washington State Council of County and City Employee, Local 1308S, a bargaining representative within the meaning of RCW 41.56.030 (3), has been granted intervention in these proceed­ings on the basis of its status as the incumbent exclusive bargaining representative of a multi-departmental bargaining unit which includes supervisory employees of the CENCOM emergency services dispatching operation. The bargaining relationship between the employer and Local 1308S dates back to approximately 1998, when supervisors were separated from the bargaining unit historically represented by Local 1308. Local 1308S continues to be a viable organization interested in representing the historical bargaining unit of supervisors

5.                     CENCOM was founded in 1976, and currently operates under an interlocal agreement signed in 1993. A policy board consist­ing of representatives from participating emergency services agencies oversees the operation and appoints the director of the operation. The responsibilities of the policy board include: establishing CENCOM policies; evaluating and adjudi­cating matters concerning CENCOM operations; establishing the annual budget and funding for CENCOM operations; authorization and implementation of new programs and discontinuance of existing programs and upgrades; setting staffing levels; and any other matters of importance concerning CENCOM. The CENCOM budget, including salaries, employee benefits and other related personnel expenses, is funded by contributions from the various user agencies under a set formula. The policy board makes the final decision with regard to approval or disapproval of the budget and Kitsap County, like all of the other user agencies, may not make any changes to the budget without approval of the policy board

6.                     Director Ron McAffee reports to and acts upon the recommenda­tions of the policy board, and oversees day-to-day CENCOM operations. His responsibilities include hiring, firing, disciplinary actions and other personnel matters

7.                     Labor relations functions for CENCOM personnel have histori­cally been handled solely by the Kitsap County Board of Commissioners. The CENCOM policy board does not write bar­gaining proposals, direct negotiations, or have a role in the settlement of grievances

8.                     There have been numerous and significant technological changes and operational changes at CENCOM since 1984, including the creation of new classifications and increased specialization among CENCOM employees. CENCOM employees have frequent con­tact among themselves and are under separate supervision from other employees in the existing bargaining unit, but are isolated from the other Kitsap County employees. The latest collective bargaining agreement between the WSCCCE and the employer contained specific provisions and separate work rules for the CENCOM dispatchers.

9.                     The CENCOM employees in the proposed bargaining units share communities of interests in “vertical” units encompassing all of the employees in a separate branch of the employer’s table of organization.

10.                   The overall extent of the organization among employees of Kitsap County would not be altered by the creation of separate bargaining units limited to the CENCOM employees, and the units petitioned-for in this proceeding would not strand any employees without access to their statutory collective bargaining rights

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 existing bargaining unit of non-supervisory Kitsap County employees currently represented by Washington State Council of County and City Employees, Local 1308, is and remains an appropriate unit for the purposes of collective bargaining under RCW 41. 56. 060

3.                  The existing bargaining unit of supervisory Kitsap County employees currently represented by Washington State Council of County and City Employees, Local 1308S, is and remains an appropriate unit for the purposes of collective bargaining under RCW 41. 56. 060

4.                  Based on their separate duties, skills and working conditions, and in light of substantial changes of technology and other circumstances since 1984, a separate bargaining unit limited to all full-time and regular part-time non-supervisory employees of the CENCOM emergency services dispatching operation could constitute an appropriate bargaining unit under RCW 41. 56. 060, if the desires of employees so indicate

5.                  Based on their separate duties, skills and working conditions, and in light of substantial changes of technology and other circumstances since 1984, a separate bargaining unit limited to all full-time and regular part-time supervisory employees of the CENCOM emergency services dispatching operation could constitute an appropriate bargaining unit under RCW 41. 56. 060, if the desires of employees so indicate.

DIRECTION OF ELECTIONS

1.                     [CASE 15631-E-01-2601; DECISION 8170 - PECB] Elections shall be conducted by secret ballot, under the direction of the Public Employment Relations Commission, as follows:

A.        unit determination election shall be conducted in the voting group described in paragraph 4 of the foregoing conclusions of law, for the purpose of determining whether a majority of the employees eligible to vote desire to constitute themselves as a separate bargaining unit.

B.                 A representation election shall be conducted in the appropriate bargaining unit described in paragraph 4 of the foregoing conclusions of law, for the purpose of determining whether a majority of the employees in that unit desire to be represented for the purposes of collective bargaining by WSCCCE Local 1308, by the Kitsap County CENCOM Employees Guild, or by no representative. The conduct of this representation election is condi­tioned upon the validation of the propriety of the bargaining unit in the unit determination elections directed in paragraph 1. A. of this order, and the representation election ballots shall be impounded in the event that the unit determination election fails to validate the propriety of the bargaining unit

2.                     [CASE 15633-E-01-2603; DECISION 8171 - PECB] Elections shall be conducted by secret ballot, under the direction of the Public Employment Relations Commission, as follows:

A.                unit determination election shall be conducted in the voting group described in paragraph 5 of the foregoing conclusions of law, for the purpose of determining whether a majority of the employees eligible to vote desire to constitute themselves as a separate bargaining unit

B.                 A representation election shall be conducted in the appropriate bargaining unit described in paragraph 5 of the foregoing conclusions of law, for the purpose of determining whether a majority of the employees in that unit desire to be represented for the purposes of collective bargaining by WSCCCE Local 1308S, by the Kitsap County CENCOM Employees Guild, or by no represen­tative. The conduct of this representation election is conditioned upon the validation of the propriety of the bargaining unit in the unit determination elections directed in paragraph 2. A. of this order, and the representation election ballots shall be impounded in the event that the unit determination election fails to validate the propriety of the bargaining unit

Issued at Olympia, Washington, on the 19^th day of August, 2003.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This order may be appealed by filing timely objections with the Commission under WAC 391-25-590