City of Napavine, Decision 7303 (PECB, 2001)

On January 8, 2001, the City of Napavine (employer) filed a petition for clarification of bargaining unit with the Public Employment Relations Commission under Chapter 391-35 WAC. The employer sought to have the classification of “police chief” removed from a bargaining unit of all regular full-time and part-time employees of the employer, on the basis that the position of police chief includes supervisory decision-making responsibilities. The bargaining unit is represented by Teamsters Union, Local 252 (union).

On February 5, 2001, the employer and union filed a stipulation with the Commission, agreeing to remove the position of police chief from the bargaining unit. The Executive Director has reviewed the agreement of the parties in this matter, and finds that the proposed bargaining unit is appropriate under RCW 41.56.060.It has long been the practice of the Public Employment Relations Commission to exclude supervisory employees from the bargaining units of employees they supervise, due to the potential for conflicts of interest. City of Richland, Decision 279-A (PECB, 1978), aff’d, 29 Wn. App. 599 (1981), rev. denied, 96 Wn.2d 1004 (1981).

NOW THEREFORE, it is

ORDERED

The bargaining unit description is hereby amended to read as follows:

All regular full-time and part-time employees of the City of Napavine, excluding the clerk/ finance director, police chief, confidential and all other employees.

ISSUED at Olympia, Washington, this 6th day of March, 2001.

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 391-35-210.