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City of Airway Heights, Decision 9576 (PECB, 2007)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the matter of the petition of:

 

WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES

CASE 20638-C-06-1284

For clarification of an existing bargaining unit of employees of:

DECISION 9576 - PECB

CITY OF AIRWAY HEIGHTS

ORDER OF DISMISSAL

On September 11, 2006, the Washington State Council of County and City Employees (WSCCCE) filed a petition for clarification of bargaining unit with the Public Employment Relations Commission. The bargaining unit for which WSCCCE sought clarification mingled employees of the City of Airway Heights who are eligible for statutory interest arbitration proceedings under Chapter 41.56 RCW with those who are not eligible for such proceedings. The petition sought to establish a separate collective bargaining unit for those employees eligible for interest arbitration (law enforcement officers and fire fighters). The Hearing Officer assigned to the case scheduled a telephone conference call with the parties for October 10, 2006, to discuss setting a hearing date. On October 5, 2006, WSCCCE filed a petition for investigation of a question concerning representation, seeking to establish a nonsupervisory bargaining unit of law enforcement officers and fire fighters of the City of Airway Heights (Case 20685-E-06-3184).

The Hearing Officer was informed of the representation case filing. During the scheduled conference call, the Hearing Officer informed the parties that the unit clarification proceeding would be held in abeyance pending the outcome of the representation proceeding, as Commission precedent precludes clarification of a bargaining unit in which a question concerning representation has been raised.

On November 30, 2006, an interim certification was issued in the representation case, certifying the Washington State Council of County and City Employees as the exclusive bargaining representative of a bargaining unit of all full-time and regular part-time nonsupervisory uniformed employees. City of Airway Heights, Decision 9504 (PECB, 2006).

The unit issue raised in this matter has been resolved in Case 20685-E-06-3184.[1] The Executive Director is satisfied that further formal proceedings are not warranted in this case.

NOW, THEREFORE, it is

ORDERED

The petition filed in the above-captioned matter is hereby DISMISSED.

DATED at Olympia, Washington, this 6th day of February, 2007.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

CATHLEEN CALLAHAN, Executive Director

This will be the final order of the Commission unless an appeal is filed under WAC 391-35-210.



[1]           An issue regarding the supervisory status of an employee reserved by the parties for resolution in the representa­tion proceeding does not affect the issues raised in the unit clarification case.

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