The Evergreen State College, Decision 10252 (PSRA, 2008)

Washington Federation of State Employees, by Gladys Burbank, Director of PERC Activities, for the union.

Office of Financial Management, by Tina Peterson, Labor Negotiator, for the employer.

On July 2, 2008, the Washington Federation of State Employees (union) filed a unit clarification petition under Chapter 391-35 WAC, concerning certain employees of The Evergreen State College (employer). The union seeks to accrete certain regular part-time employees into an existing bargaining unit already represented by the union. Hearing Officer Christy Yoshitomi conducted a pre-hearing conference on September 11, 2008. During this pre-hearing conference, the parties agreed to submit written stipulations in lieu of a hearing. The parties submitted their stipulations on December 1, 2008.

ISSUE

Should the existing bargaining unit be clarified to include regular part-time employees?

The Executive Director accepts the parties’ stipulations and modifies the bargaining unit represented by the union to include the petitioned-for employees.

APPLICABLE LEGAL PRINCIPLES

Unit placement of part-time state civil service employees is addressed in WAC 391-35-356. Under this rule, it is presumptively appropriate for employees covered by Chapter 41.06 RCW who work less than full-time to be included in the same bargaining unit as full-time employees who perform similar work.

The Personnel Resources Board (PRB) is the agency authorized to interpret RCW 41.06, the applicable statute. On July 1, 2005, a revised rule, WAC 357-04-045, was adopted by the PRB addressing part-time or temporary employees:

WHICH PART-TIME OR TEMPORARY EMPLOYEES OF HIGHER EDUCA­TION EMPLOYERS ARE EXEMPT FROM CIVIL SERVICE RULES?

Persons employed to work one thousand fifty hours or less (1050 hours or less) in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, are exempt from civil service rules.

Employees who are either exempt under this subsection or exceptions authorized under WAC 357-19-440, and who work more than three hundred fifty (350) hours in any twelve consecutive month period from the original date of hire or January 1, 2004, whichever is later, may be included in an appropriate bargaining unit for purposes of collective bargaining, as determined by the public employment relations commission. Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the three-hundred fifty (350) hours.

ANALYSIS

The union currently represents a unit of all classified supervisory employees under RCW 41.80 excluding confidential employees at The Evergreen State College. The current bargaining unit does not include regular part-time employees working more than 350 hours but less than 1050 hours. The employer and union stipulate that although there are currently no part-time employees employed by the employer, should employees who do similar work be employed, they would be included in the existing supervisory bargaining unit once they reach 350 hours of employment in a consecutive 12-month period.

CONCLUSION

The Executive Director finds that the stipulations filed by the parties are sufficient to constitute a basis for a ruling, and nothing has come to the attention of the Commission staff or Executive Director that contradicts the propriety of the clarifica­tion requested by the union. The employer does not oppose clarifying the bargaining units to include employees performing similar work and working between 350 and 1050 hours annually. The existing bargaining unit appears to be the only appropriate unit placement for employees who would meet the criteria in WAC 357-04-045. The stipulations by the parties are therefore accepted and incorporated into the findings of facts below.

FINDINGS OF FACT

1          The Evergreen State College (employer) is a state institution of higher education within the meaning of RCW 41.80.005(10).

2          The Washington Federation of State Employees (union) is an employee organization within the meaning of RCW 41.80.005(7).

3          The union is the exclusive bargaining representative of a bargaining unit encompassing all classified supervisory employees under RCW 41.80, excluding confidential employees.

4          The parties stipulate that the petition was timely filed.

5          The parties stipulate that there are approximately 18 employ­ees included in the bargaining unit described in Finding of Fact 3.

6          The parties stipulate that any regular part-time employee who performs work similar to that performed by the employees in the bargaining unit described in Finding of Fact 3 and who works at least 350 hours in a consecutive 12-month period will be included in the bargaining unit once they reach 350 hours of employment.

7          The parties stipulate that the individuals within the group described in Finding of Fact 6 above do not include students.

8          The parties stipulate that no other cases pending before PERC could affect the composition of the bargaining unit.

9          The parties stipulate that the Commission has jurisdiction to determine whether the proposed individuals can be included in the bargaining unit.

10        The parties waived their rights to a hearing and their rights to file an appeal.

11        No other facts have been discovered or brought to the atten­tion of the parties that call into question the propriety of the proposed bargaining unit.

CONCLUSIONS OF LAW

1.         The Public Employment Relations Commission has jurisdiction in this matter under Chapter 41.80 RCW and Chapter 391-35 WAC.

2.         Employees described in Finding of Fact 6 will be regular part-time employees for the purpose of collective bargaining and will be appropriately included in the existing bargaining unit as described in Finding of Fact 3.

ORDER

1.         The description of the existing bargaining unit is modified to read as follows:

All full-time and regular part-time classified supervisory employees of The Evergreen State Col­lege covered under RCW 41.80, excluding confiden­tial employees.

2.         Employees who work for the employer more than 350 hours during any consecutive 12-month period will be included in that unit as regular part-time employees.

Issued at Olympia, Washington, on the 12^th day of December, 2008.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

CATHLEEN CALLAHAN, Executive Director