DECISIONS

OMAK SCHOOL DISTRICT, DECISION 3973-A (PECB, 1992)

Classified Public Employees Assn v. Omak School District

                                         INTERIM CERTIFICATION

 

 

This case comes before the Commission on timely objections filed by the petitioner, assigning error to an eligibility ruling issued by Executive Director Marvin L. Schurke.

 

 

BACKGROUND

 

The petition for investigation of a question concerning representa­tion  was filed in this matter on June 4, 1990.  The Classi­fied Public Employees Association / WEA (CPEA), sought certifica­tion as exclusive bargaining representative of certain employees of the Omak School District.  Various issues were framed, including an issue concerning the eligibility of certain individuals for inclusion in the petitioned-for bargaining unit.

 

After a hearing, the Executive Director issued a Direction of Election on January 21, 1992.  He ruled that the "media specialist" was not an "office-clerical" employee, and was not properly included in the petitioned-for bargaining unit.

 

A representation election was conducted under the auspices of the Commission on February 24, 1992, at which time 10 votes were cast in favor of the CPEA, no votes were cast for PSE, and two votes were cast against representa­tion.  There were no challenged ballots.  The objections filed by the CPEA after the issuance of the tally of ballots are limited to the eligibility ruling concerning the "media specialist".

 

 

DISCUSSION

 

The Commission has considered the matter, and concludes that an interim certification should be issued in this matter.  Precedent for expediting the determination of questions concerning represen­tation is found in Franklin Pierce School District, Decision 78-C (PECB, 1976); City of Redmond, Decision 1367-A (PECB, 1982); Olympic Memorial Hospital, Decision 3317-A (PECB, 1989); and Morton General Hospital, Decision 3521-A (PECB, 1990).  Our procedures call for the routine issuance of interim certifi­cations where eligibility issues are reserved for post-election determination. 

 

 

                       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.  The employer declined voluntarily to extend recognition to the petitioner as the exclusive bargaining representative of its employees.

 

2.These representation proceedings were conducted by the Commission in the bargaining unit described as:

 

 

All full-time and regular part-time office-clerical employees of the Omak School Dis­trict, excluding supervisors, confiden­tial employ­ees, aides working in support of the educational program, and all other employees of the employer.

 

 

 

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.

 

4.The only objections which have been filed with respect to these proceedings concern an eligibility issue that will not affect the outcome of the question concerning representation.

 

 

                      CONCLUSIONS OF LAW

 

1.The Public Employment Relations Commission has jurisdiction in this matter under Chapter 41.56 RCW and Chapter 391-25 WAC.

 

2.The bargaining unit described in paragraph 2 of the foregoing findings of fact is an appropriate unit for the purposes of collective bargaining under RCW 41.56.060; and all conditions precedent to an interim 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 number 2 have chosen:

 

         CLASSIFIED PUBLIC EMPLOYEES ASSOCIATION / WEA

 

as their representative for the purpose of collective bargaining with their employer with respect to wages, hours and conditions of employment.

 

Entered at Olympia, Washington, the        day of April, 1992.

 

 

                        PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

 

 

                        JANET L. GAUNT, Chairperson

 

 

 

                        DUSTIN C. McCREARY, Commissioner