Renton School District, Decision 9920 (PECB, 2007)

On October 31, 2007, AFT Renton (union) filed a petition for clarification of a bargaining unit with the Public Employment Relations Commission under Chapter 391-35 WAC. The petition concerns classified employees of the Renton School District (employer). The petition was reviewed under WAC 391-35-020, and a deficiency notice issued on November 9, 2007, indicated that the petition was defective. The union was given a period of 21 days in which to file and serve an amended petition, or face dismissal of the case.

The union has not filed an amended petition. The petition is dismissed.

DISCUSSION

The deficiency notice pointed out several defects to the complaint. Unit clarification proceedings are controlled by Chapter 391‑35 WAC. Within that chapter, WAC 391‑35‑050 reads in part:

CONTENTS OF PETITION

Each petition for clarification of an existing bargaining unit shall contain, in separate numbered paragraphs:

    . . . .

    (2) Identification of the position(s), classifica­tion(s) or group(s) at issue, the number of employees in each position, classification or group, the present bargaining unit inclusion or exclusion status of each position, classification or group, identification of the party proposing that the present status be changed, and the reason for the proposed change.

    . . . .

    (5) The name, signature(s) and, if any, title(s) of the representative(s) of the petitioner(s), and the date of the signature.

First, the petition lists 3 Staff Specialists in the Print Shop and Mailroom as subjects of the petition; however, an attached sheet labeled "supporting information" includes a Press Operator as one of the "parties involved." The petition does not conform to the requirements of WAC 391‑35‑050(2) in clearly identifying the positions, classifications, or groups at issue.

Second, the petition identifies Kevin Burchell as the contact person for the union; yet, Mr.Burchell signed the petition for both the employer and the union. The petition does not conform to the requirements of WAC 3935‑050(5).

NOW, THEREFORE, it is

ORDERED

The petition for clarification of a bargaining unit filed in Case 21335-C-07-1318 is DISMISSED as procedurally defective.

ISSUED at Olympia, Washington, this 5^th day of December, 2007.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

DAVID I. GEDROSE, Unfair Labor Practice Manager

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.