Benton County, Decision 2221 (PECB, 1985)

On April 29, 1985, Benton County and Teamsters, Local 839, filed a joint petition with the Public Employment Relations Commission seeking clarification of an existing bargaining unit of employees represented by Teamsters, Local 839.The petition states:

As a result of the legislative change extending binding arbitration to uniformed Road Deputies and Sergeants as defined in RCW 41.26.030(3), the parties wish to separate the current bargaining unit into two separate bargaining units. One of the bargaining units would include all uniformed Road Deputies and Sergeants as defined in RCW 41.56.030(3) and the other bargaining unit would include the other employees who are non­-uniformed members of the Benton County Sheriff's Department as relates to the definition contained in RCW 41.26.030(3). The employer is willing to recognize Teamsters Local No. 839, Warehouse­men, Garage Employees and Helpers Union as the sole and exclusive bargaining representative for both bargaining units. The employer and Teamsters have agreed to establish separate collective bargaining agreements for each of these bargaining units.

The result of this Petition would be to establish a bargaining unit which would have only Road Deputies as its members and another separate bargaining unit which would have the membership consist of all correctional officers and clerical personnel except for management personnel.

The legislation referred to is Chapter 150, Laws of 1984 which amends RCW 41.56.030(6) effective July 1, 1985 to expand the definition of "uniformed personnel" to include counties of the second class or larger. Benton County will then come under the coverage of the special impasse resolution provisions of RCW 41.56.430, et. seq. Commission precedent precludes commingling of "uniformed" personnel in the same bargaining unit with public employees who do not qualify for the special impasse resolution provisions. A similar separation was considered in City of Yakima, Decision 837 (PECB, 1980).There, the employer sought separation of the uniformed personnel but did not purport to question the majority status of the union in either group, and the separation was ordered. A similar agreement of parties was considered and accepted in Cowlitz County, Decision 2067 (PECB, 1984).The acceptance of the stipulation of the parties in this case thus takes the form of the order issued in Cowlitz County, supra.

FINDINGS OF FACT

1.         Benton County is a county of the State of Washington and is a public employer within the meaning of RCW 41.56.030(1).

2.         Teamsters, Local 839, a labor organization within the meaning of RCW 41.56.030(3) has been certified as the exclusive bargaining representative of a unit consisting of all employ­ees of the Benton County Sheriff's Department, excluding elected officials, confidential employees and supervisor.

3.         The parties concur that, in view of the enactment of Chapter 150, Laws of 1984, the existing bargaining unit will become inappropriate and that the "uniformed personnel" as defined in RCW 41.56.030(6) should be separated from other personnel.

CONCLUSIONS OF LAW

1.         The Public Employment Relations Commission has jurisdiction in this matter pursuant to Chapter 41.56 RCW.

2.         "Uniformed personnel" of the sheriff's department of Benton County, as to be defined by RCW 41.56.030(6) on and after July 1, 1985, will enjoy the benefits of and will be obligated to follow the impasse resolution procedures specified in RCW 41.56.430 through RCW 41.56.490; and are significantly distinguished thereby from employees of the sheriff's depart­ment of Cowlitz County who are not and will not become "uniformed personnel" within the meaning of RCW 41.56.030(6).

3.         A bargaining unit consisting of all of the employees of the sheriff's department of Benton County, including both uni­formed and non‑uniformed employees, would not continue to be an appropriate unit for the purposes of collective bargaining within the meaning of RCW 41.56.060.No question concerning representation is raised as to the continued majority status of Teamsters, Local 839, among either the uniformed or the non‑uniformed employees.

ORDER

The bargaining unit formerly comprised of all employees of the sheriff's department of Benton County is clarified to constitute two separate appropriate bargaining units, as follows:

1.         All uniformed law enforcement personnel as defined by RCW 41.56.030(6) of the sheriff's department of Benton County, excluding elected officials, confidential employees, supervi­sors and non‑uniformed employees.

2.         All non‑uniformed employees of the sheriff's department of Benton County, excluding elected officials, confidential employees, supervisors and uniformed law enforcement personnel as defined by RCW 41.56.030(6).

DATED at Olympia, Washington, this 14th day of May, 1985.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This Order may be appealed by filing a petition for review with the Commission pursuant to WAC 391‑25‑210.