DECISIONS

Decision Information

White Salmon Valley School District, Decision 9870 (PECB, 2007)

Collection DECISIONS
Date 05/10/2007
Case Number 21258-E-07
Decision Maker Executive Director
Case Type Election
Case History See Also - White Salmon Valley School District, Decision 9870-A (PECB, 2007) - 10/10/2007 - Election
Statute PECB - RCW 41.56

Decision Content

White Salmon Valley School District, Decision 9870 (PECB, 2007)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the matter of the petition of:

 

SAM STEIDER

CASE 21258-E-07-3298

Involving certain employees of:

DECISION 9870 - PECB

WHITE SALMON VALLEY SCHOOL DISTRICT

 

ORDER OF DISMISSAL

On September 20, 2007, Sam Steider filed a petition for investiga­tion of a question concerning representation with the Public Employment Relations Commission, seeking decertification of the Public School Employees of Washington (union) as exclusive bargaining representative of the classified employees of the White Salmon Valley School District (employer).  Review of the Commission records indicated that the union was certified as exclusive bargaining representative on September 28, 2006, so the petition appeared to be untimely under WAC 391-25-030.

A deficiency notice was issued on September 27, 2007, pointing out the defect in the representation petition.  The petitioner was given until October 10, 2007, to show cause why the petition should not be dismissed as untimely.  The petitioner did not responded to the show cause letter but filed a new representation petition on October 1, 2007. That petition is timely filed and is currently being processed.

DISCUSSION

RCW 41.56.070 creates a “certification bar” which is restated in the Commission’s rules as follows:

WAC 391-25-030 PETITION--TIME FOR FILING.  (2) A “certification bar” exists where a certification has been issued by the agency, so that a petition involving the same bargaining unit or any subdivision of that bargain­ing unit will only be timely if it is filed:

(a) More than twelve months following the date of the certification of an exclusive bargaining representative . . .

The certification issued On September 28, 2006 as White Salmon Valley School District, Decision 9444 (PECB, 2006) bars the petition in this case.

NOW, THEREFORE, it is

ORDERED

The petition for investigation of a question concerning representa­tion filed in the above-captioned matter is DISMISSED.

Issued at Olympia, Washington, on the 10th day of May, 2007.

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.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.