DECISIONS

PATEROS SCHOOL DISTRICT, DECISION 3911-A (PECB, 1991)

Classified Public Employees Assn v. Pateros School District

                                         INTERIM CERTIFICATION

This case comes before the Commission on timely objections filed by the employer, 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 February 12, 1991.  The Classi­fied Public Employees Association / WEA (CPEA), sought certifica­tion as exclusive bargaining representative of certain employees of the Pateros 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 November 12, 1990.  He ruled that the "accountant/book­keeper" was not a "confidential" employee within the meaning of RCW 41.56.030(2)(c), and was properly included in the bargaining unit.

A representation election was conducted under the auspices of the Commission on November 26, 1991, at which time 13 votes were cast in favor of the union and one vote was cast against representa­tion.  There were no challenged ballots.  The objections filed by the employer after the issuance of the tally of ballots are limited to the eligibility ruling concerning the "accountant/bookkeeper".

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 CLASSIFIED EMPLOYEES OF THE PATEROS SCHOOL DISTRICT, EXCLUDING ELECTED OFFICIALS, THE SUPERINTEN­DENT, CERTIFICATED EMPLOYEES, CONFIDENTIAL EMPLOYEES, AND SUPERVISORS.

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 3 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.

Issued at Olympia, Washington, the        day of December, 1991.

                        PUBLIC EMPLOYMENT RELATIONS COMMISSION

                        JANET L. GAUNT, Chairperson

                        MARK C. ENDRESEN, Commissioner

                        DUSTIN C. McCREARY, Commissioner