City of Yakima, Decision 9412-A (PECB, 2006)

Alex J. Skalbania, Attorney at Law, appeared on behalf of the petitioner.

Sofia Mabee, Attorney at Law, appeared on behalf of the employer.

International Association of Fire Fighters, Local 469 (union) filed a representation petition with the Commission, seeking certification as exclusive bargaining representative of certain supervisory employees of the City of Yakima (employer). Following an investigation conference, an election was conducted and the Commission issued an interim certification naming the union as the exclusive representative of the bargaining unit.[1] Hearing Officer Starr Knutson was assigned to resolve an issue which had been reserved during the investigation conference, concerning the eligibility of Dave Wilson. On October 16, 2006, the parties filed a stipulation with the Commission concerning certain facts related to the reserved eligibility issue.

ISSUE

The sole issue before the Executive Director at this time is whether the parties’ stipulation concerning the eligibility of Wilson should be accepted. The Executive Director accepts the parties’ stipulations and rules that Wilson was not an eligible voter in the representation election.

APPLICABLE LEGAL PRINCIPLES

These parties are covered by the Public Employees’ Collective Bargaining Act, Chapter 41.56 RCW. The Legislature delegated the determination and modification of appropriate bargaining units under that statute to the Public Employment Relations Commission. RCW 41.56.060. The purpose of defining an appropriate bargaining unit is to group together employees who have a sufficient community of interest to bargain collectively with their employer.

All of the employees in a bargaining unit (but only those employees) are eligible to vote in elections conducted by the Commission to determine questions concerning the representation of that bargaining unit. The Commission routinely resolves eligibility issues on a case-by-case basis, including rulings in representation proceedings under Chapter 391-25 WAC.

Probationary and part-time employees are generally included in bargaining units, because they are deemed to have an ongoing interest in the wages, hours and working conditions of the bargaining unit. WAC 391-35-350.

Temporary status can be a basis for exclusion from a bargaining unit, if the evidence indicates that the particular individual has no on-going interest in the wages, hours and working conditions of bargaining unit employees. City of Wapato, Decision 2619 (PECB, 1987).

ANALYSIS

The union represents the employer’s nonsupervisory fire fighters, as well as the separate unit of supervisors (battalion chiefs) involved in this proceeding. The parties stipulate in this case that they entered into a letter of agreement dated April 2005, in which they agreed that acting assignments to battalion chief duties would be for a maximum period of one year.

Dave Wilson was assigned battalion chief duties on November 2, 2005, for a fixed term that ends on October 30, 2006. Wilson’s assignment appears to be in accordance with the parties’ letter of agreement.

Because Wilson has only been assigned to work out-of-class for a limited time period, the Executive Director can accept the parties’ stipulation that he does not have an ongoing interest in the battalion chief’s bargaining unit. Therefore, he was not eligible to vote in this representation proceeding.

FINDINGS OF FACT

1.                  The City of Yakima, a municipality of the state of Washington, is a public employer within the meaning of RCW 41.56.030(1).

2.                  International Association of Fire Fighters, Local 469, a bargaining representative within the meaning of RCW 41.56.030(3), was previously the exclusive bargaining repre­sentative of a bargaining unit of nonsupervisory uniformed fire fighter employees of the City of Yakima, and has been certified in this proceeding as exclusive bargaining representative of a bargaining unit described as:

All Battalion Chiefs of the City of Yakima Fire Department, excluding confidential employees and all other employees.

3.                  The employer assigned Dave Wilson to work out-of-class as a battalion chief for a limited time period ending October 30, 2006. That assignment appears to have been in accordance with a previous agreement of the parties, and there is no claim or evidence that the assignment will be ongoing.

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.                  As an employee on temporary assignment as described in Finding of Fact 3, Dave Wilson lacked an ongoing community of interest with the supervisory bargaining unit under RCW 41.56.060, and was not an eligible voter in the representation proceeding under RCW 41.56.070.

NOW, THEREFORE, it is

ORDERED

1.                  The challenged ballot cast by Dave Wilson in the election conducted in the above-captioned proceeding is VOID.

2.                  The interim certification issued on August 15, 2006, shall stand as the certification in this case.

Issued at Olympia, Washington, this 30^th day of October, 2006.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, 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.