City of Redmond, Decision 7814-A (PECB, 2002)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: )
)
SERVICE EMPLOYEES INTERNATIONAL ) CASE 15762-E-02-02622
UNION, LOCAL 519 )
)
Involving certain employees of: ) DECISION 7814-A - PECB
)
CITY OF REDMOND ) INTERIM CERTIFICATION
)
___________________________________)
Thomas A. Leahy, Attorney at Law, for the union.
Ogden, Murphy, Wallace, P.L.C.C., by Douglas E. Albright, Attorney at Law, for the employer.
This matter came before the Commission on objections filed by the City of Redmond. The objections are limited to an eligibility ruling made by Executive Director Marvin L. Schurke in City of Redmond, Decision 7814 (PECB, 2002), concerning inclusion of an administrative commander position in a separate unit of supervisory uniformed personnel. The results of the cross-check indicate that the union will be entitled to certification whether or not the disputed position is included in the unit. An interim certification is therefore appropriate so that the parties can commence the collective bargaining relationship.
FINDINGS OF FACT
1. The above‑named union filed with the Public Employment Relations Commission a petition for investigation of a question concerning representation of employees of the above-named employer. The petition was timely and was accompanied by a showing of interest which was administratively determined by the Commission to be sufficient.
2. Following an investigation conference and a hearing, the Executive Director ruled on eligibility issues and directed a cross-check to determine the question concerning representation in a bargaining unit described as:
The cross-check has been conducted by the agency staff. A tally of the results was previously furnished to the parties and is attached hereto.
3. The employer has filed objections limited to the status of the administrative commander.
4. All proceedings were conducted under the supervision of the Commission in a manner designed to afford the affected employees a free choice in the selection of a bargaining representative, if any; and the objections filed in this proceeding will not affect the outcome of the question concerning representation.
CONCLUSIONS OF LAW
1. The unit described in paragraph 2 of the foregoing findings of fact is an appropriate unit for the purposes of collective bargaining within the meaning of RCW 41.56.060.
2. All conditions precedent to issuance of an interim certification have been met.
NOW, THEREFORE, it is
CERTIFIED
1. The employees of the above-named employer in the appropriate bargaining unit described in paragraph 2 of the foregoing findings of fact have chosen:
Service Employees International Union, Local 519
as their exclusive bargaining representative for the purpose of collective bargaining with their employer.
2. The dispute concerning eligibility of the administrative commander is reserved for further proceedings before the Commission.
Issued at Olympia, Washington, on the 12th day of November, 2002.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
SAM KINVILLE, Commissioner
JOSEPH W. DUFFY, Commissioner