CITY OF
MILTON, DECISION 5202-A (PECB,
1995)
IAM and
AW, Local 160 v. City of Milton
INTERIM
CERTIFICATION
This case comes before the Commission on objections filed by the City
of Milton, seeking to overturn the bargaining unit description in a direction
of election issued by Executive Director Marvin L. Schurke on July 17, 1995.[1]
BACKGROUND
On September 2, 1994, International Association of Machinists and
Aerospace Workers, District Lodge 160 (union), filed a petition for
investigation of a question concerning representation with the Public
Employment Relations Commission, seeking certification as exclusive bargaining
representative of all "department directors" of the City of
Milton (employer). At a pre-hearing
conference held on October 7, 1994, issues were framed concerning the
description of an appropriate bargaining unit and the eligibility list for an
election.
Hearing Officer Mark S. Downing held a hearing on October 20,
1994. At the hearing, the employer
proposed the following bargaining unit description:
Supervisory employees employed as Department
Directors at the City of Milton,
excluding the volunteer Fire Chief and any confidential or other employee
excluded from the bargaining unit by Chapter 41.56 RCW.
On July 17, 1995, Executive Director Marvin L. Schurke ruled on the
eligibility issues and directed an election for a bargaining unit described as:
All full-time and regular part-time super-visors
of the City of Milton, excluding elected officials, officials appointed for a
fixed term of office, confidential employees and all non-supervisory employees
A tally of ballots issued on August 16, 1995, showed a majority of
eligible voters cast ballots in favor of representation by the union.
On July 25, 1995, the employer filed objections with the Commission
concerning the bargaining unit description.
The employer expressed concern that the
[D]escription does not limit the bargaining unit
to Department Directors, a limitation to which both parties agreed and which
accurately reflects the status of those employees peti-tioning for a bargaining
unit in this case.
The employer claimed that the description of the unit in the direction
of election would lead to confusion and potential litigation as to inclusion of
supervisors who may not share a community of interest with department
directors.
DISCUSSION
The Supreme Court of the State of Washington has ruled that persons who
would be excluded from collective bargaining rights under the National Labor
relations Act as "supervisors" have the right to organize and bargain
under Chapter 41.56 RCW. Municipality
of Metropolitan Seattle (METRO) v. Department of Labor and Industries, 88
Wn.2d 925 (1977). A bargaining unit of
supervisors was determined appropriate in City of Tacoma, Decision 95-A
(PECB, 1977). The majority of the
employees in the unit at issue in this case have designated an exclusive
bargaining representative. The only
debate remaining in this case is whether generic or specific terminology should
be used to describe the bargaining unit, and the result of that debate only has
application for the future.
The Commission's rules are designed to promote early determination of
questions concerning representation. An
interim certification will permit the parties to commence collective bargaining
on the unit involved, simultaneous with their submission of written argu-ments
and the Commission's consideration of the remaining issue.
NOW, THEREFORE, it is
ORDERED
1.Subject to further proceedings
concerning the description of the bargaining unit, it is hereby certified that
the employees in the bargaining unit as described by the Executive Director
have chosen:
International
Association of Machinists
and
Aerospace Workers, District Lodge 160
as their representative for the
purposes of collective bargaining with their employer with respect to wages,
hours and conditions of employment.
2.The parties are allowed 14
days following the date of this decision to file and serve written arguments
concerning the terminology issue raised by the employer's objections.
Issued at Olympia, Washington, the ______ day of September, 1995.
PUBLIC
EMPLOYMENT RELATIONS COMMISSION
JANET L.
GAUNT, Chairperson
SAM
KINVILLE, Commissioner
JOSEPH W.
DUFFY, Commissioner