STATE OF WASHINGTON BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: ) ) WASHINGTON STATE COUNCIL OF COUNTY ) AND CITY EMPLOYEES ) ) Involving certain employees of: ) ) PORT OF SEATTLE ) )
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CASE 13730-E-98-2299 DECISION 6672-A - PECB CERTIFICATION Cross-check Pursuant to
Agreement of Parties
John F. Cole, Director for staff Services, appeared on behalf of the petitioner. Herman L. Wacker, Attorney at Law, appeared on behalf of the employer.
FINDINGS OF FACT
1. The above-named petitioner timely filed with the Public Employment Relations Commission a petition for investigation of a question concerning representation of employees of the above-named employer; said petition was accompanied by a showing of interest which was administratively determined by the Commission to be sufficient; and the employer declined voluntarily to extend recognition to the petitioner as the exclusive bargaining representative of its employees.
2. These representation proceedings were conducted Commission in the bargaining unit described as:
ALL FULL-TIME AND REGULAR MAINTENANCE DUTY OFFICERS OF THE SEATTLE, EXCLUDING SUPERVISORS, CONFIDENTIAL EMPLOYEES AND ALL OTHER EMPLOYEES.
PART-TIME PORT OF
by the
3. 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 their bargaining representative, if any; a tally of the results was previously furnished to the parties and is attached hereto; and no meritorious objections have been filed with respect to these proceedings.
DECISION 6672-A -
PECB
Page 2
CONCLUSION OF LAW
The unit described in finding of fact number 2 is an appropriate unit for the purposes of collective bargaining within the meaning of RCW 41.56; and all conditions precedent to a certification have been met.
NOW, THEREFORE, it is
CERTIFIED
The employees of the above named employer employed in the appropriate collective bargaining unit described in finding of fact ยทnumber 2 have chosen:
WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES
as their representative for the purpose of collective bargaining with their employer with respect to wages, hours and conditions of
employment.
Issued at Olympia, Washington, this 17th day of May, 1999.
PUBLIC EMPLOYMENT RELATIO S COMMISSION
MARVIN L. SCHURKE, Executive Director
E-10 (10/98)
PUBLIC EMPLOYMENT RELATIONS COMMISSION Street: 603 EVERGREEN PLAZA BUILDING - 711 CAPITOL WAY Mail: P.O. BOX 40919 OLYMPIA, WASHINGTON 98504-0919 (360) 753-3444
DO NOT WRITE IN THIS SPACE
TALLY OF CROSS-CHECK
Instructions: See other side of this form. Applicable Rule: WAC 391-25-410 CASE NUMBER J31gj)_ E ::f8 _( ).Clf1 EMPLOYER '?oel Q F sea_tllo
The Public Employment Relations Co.mmission has conducted a confidential cross-check under WAC 391-25-410, which provides: (1) Where a cross-check of records is to be conducted to determine a question concerning representation, the organization shall furnish to the agency original or legible copies of individual cards or letters signed and dated by employees in the bargaining unit within ninety days prior to the filing of the petition and indicating that the employees authorize the named organization to represent them for the purposes of collective bargaining, or shall furnish to the agency membership records maintained by the organization as a part of its business records containing the names of employees and indicating those employees currently members in good standing. (2) The agency shall honor a valid revocation of authorization contained in an individual card or letter signed by the employee and furnished to the agency by the employee. (3) The employer shall make available to the agency original or legible copies of employment records maintained as a part of its business records containing the names and signatures of the employees in the bargaining unit. (4) Prior to the commencement of the cross-check, the organization may file and serve, as required by WAC 391-08-120, a request that the ยท question concerning representation be determined by a representation election. Any such requests shall be honored. (5) Where the organization files a disclaimer or a request for election after the commencement of the cross-check, the cross-check shall be terminated and the organization shall not seek to be certified in the bargaining unit for a period of at least one year thereafter. (6) All cross-checks shall be by actual comparison of records furnished by the parties. The agency shall not disclose the names of employees giving representation authorization in favor of or appearing on the membership rolls of the organization. Upon the conclusion of the comparison of records, the agency officer conducting the cross-check shall prepare and furnish to the parties a tally sheet containing the number of employees in the bargaining unit, .the number of employee records examined and the number of employee records counted as valid evidence of representation.
The results of that cross-check are certified to be as follows:
1. 2. 3. "4. 5. 6. 7.
8.
NUMBER OF EMPLOYEES AGREED TO BE IN BARGAINING UNIT NUMBER OF EMPLOYEES WHOSE INCLUSION IN UNIT IS CHALLENGED TOTAL EMPLOYEES TO BE CONSIDERED (Total of Lines 1and2) .............................. . NUMBER OF VALID AUTHORIZATIONS NEEDED TO ESTABLISH MAJORITY STATUS ............ . TOTAL AUTHORIZATION CARDS OR MEMBERSHIP RECORDS EXAMINED NUMBER OF AUTHORIZATIONS REJECTED AS INVALID NUMBER OF AUTHORIZATIONS ACCEPTED AS VALID EVIDENCE OF REPRESENTATION BY (organization) _lG_G-=_-U_C_ S_ ____________________ THE RESULT OF THE CROSS-CHECK APPEARS TO BE: [ ] Eligibility challenges are sufficient in number to affect the results. ~The organization named on line 7 is entitled to certification as exclusive bargaining representative. [ ] A certification of "no representative" is appropriate.
DATEISSUED ~JQJ \q9C[
PUBLIC EMPLOYMENT RELATIONS COMMISSION BY 0a.J.Y.~,,;)0~
ACKNOWLEDGMENT OF OBSERVERS The undersigned acknowledge service of a copy of this tally of cross-check. For the Employer Title ................................................................ . Date .......................... . For organization on Line 7 Trtle ................................................................ . Date ......................... ..