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Mason General Hospital, Decision 3319-A (PECB, 1990)

                  DECISION OF COMMISSION

 

This matter comes before the Commission on timely objections to prior rulings, filed by the Washington State Nurses Association (WSNA) under WAC 391-25-590(2).  The petitioner received a conclusive majority of the ballots cast in a representation election conducted on November 6, 1989.  WAC 391-25-650(l)(c) establishes the time for filing of briefs or written arguments on objections filed pursuant to WAC 391-25-590(2).  No briefs or written arguments have been received from any party.

 

The rulings at issue are:

      1     The Executive Director's rejection, in Mason General Hospital, Decision 3319 (PECB, 1989) of the WSNA's request for an indefinite delay of these proceedings pending the outcome of federal court litigation on the WSNA's claim that a "no raid" agreement exists between the unions involved here; and

      2.    The Executive Director's rejection, in a letter to the parties, of the WSNA's request that the Commission impound the ballots cast by employees in six different pending cases, so that the election results in all such cases might be tallied and announced simultaneously.

 

 

DISCUSSION

 

The Request for Indefinite Delay

 

The Commission has reviewed the motions and arguments advanced by the WSNA on the claimed "no raid agreement" prior to the election, the written statement filed by Local 141 on that issue l and the objections themselves.  We find no error.

 

The Direction of Election issued by the Executive Director reviews the language of the document at issue, the arguments advanced by the parties, the procedures followed by the National Labor Relations Board (NLRB) where it is asked to delay representation proceedings due to a "no raid" agreement, and the procedures followed by this Commission up to this time in such cases.

 

The "no raid" agreement was, at most, a contractual arrangement between its parties.  The prevailing federal precedent in the 9th Circuit holds that "treaties between two unions cannot override the Section 7 rights of workmen to select

 

 

1     District 1199NW filed written statements of position on similar issues in a number of other cases where it has intervened in representation proceedings initiated by Local 141.  It consistently opposed the WSNA's motion in those cases.

 

their own bargaining representative".  Local 1547, International Brotherhood of Electrical Workers v. Local 959, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, 507 F.2d 872 (9th Circuit,

1974).  Like Section 7 of the National Labor Relations Act, RCW 41.56.040 assures public employees the right to select representatives of their own choosing.  Thus, labor organizations cannot contract among themselves to deprive this Commission of its statutory authority to conduct representation proceedings.

 

The 9th Circuit precedent, supra, also leaves the decision on whether to conduct representation proceedings in such situations to the discretion of the agency administering the collective bargaining statute.  The document relied upon by the WSNA does not contain any expeditious procedure for resolving the WSNA's claims.  The Executive Director properly exercised discretion to go forward with the processing of this representation case.

 

In claiming that "predatory conduct" by the USNU (and/or by certain former WSNA officials) destroyed the "laboratory conditions" for the conduct of a fair election, the WSNA relies upon events that occurred prior to the filing of the petition in this case.  The scope of "objections" under WAC 391-25-590 is limited to the period that the representation petition is pending before the agency.  During the election campaign period that is subject to scrutiny here, the WSNA had an opportunity to fully apprise bargaining unit employees of its claims of misconduct by the U8NU or former WSNA officials.  Given these facts, we do not find that grounds existed for the requested indefinite delay of the election.  Indeed, as the 9th Circuit has suggested, the right of bargaining unit members to select a representative of their own choosing is appropriately protected by allowing the election to proceed while any issue of the WSNA's contractual rights vis-a-vis the USNU and/or District 1199NW is resolved in federal court. (Id, 87 LRRM 3065).

 

The "Simultaneous Tally" Issue

 

With respect to the "simultaneous tally" issue, the Commission has reviewed the WSNA's motion, the Executive Director's letter ruling and the post-election objections.  Again, we find no error.

 

The Executive Director detailed resource limitations which preclude conducting elections in six hospitals at the same time.  He went on to state multiple reasons for rejecting an impound and simultaneous tally:     (1) Provisions of WAC 391-25-550 calling for the issuance of a tally "upon the closing of the polls"; (2) the refusal of the NLRB to order a simultaneous tally on similar cases then pending before it, so that the influence of one election result upon others could not be avoided; (3) the delay necessary to bring a recently filed seventh case and any additional cases that might be filed up to the same point in the procedure; (4) the delay which would occur at Mason General Hospital while elections in larger units were being conducted; (5) the likelihood of a need for runoff elections; and (6) the absence of direct effect of one election result on the result in another case.

 

The delay inherent in the procedure suggested by the WSNA would have contravened our long-standing and recently re-affirmed policy favoring prompt conduct of representation elections.  See: City of Redmond, Decision 1367-A (PECB, 1982) and Olympic Memorial Hospital, Decision 3317-A (PECB, 1989).

 

 

FINDINGS OF FACT

 

1.    The above-narned petitioner timely filed a petition for investigation of a question concerning representation with the Public Employment Relations Commission, seeking certification as exclusive bargaining representative of certain 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.

 

2.    The organizations listed above as intervenor timely moved for intervention in the proceedings, and said motions for intervention were granted.

 

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

 

All registered nurses and resident general duty nurses employed by the employer, excluding supervisors, confidential employees and all other employees.

 

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 an exclusive bargaining

representative.  A tally of the results was previously furnished to the parties and is attached hereto.

 

CONCLUSION OF LAW

 

The Public Employment Relations Commission has jurisdiction in this matter pursuant to Chapter 41.56 RCW.

 

The authority to conduct representation proceedings that is conferred upon the Commission by RCW 41.56.050 through .080 is not subject to limitation by contractual arrangements among labor organizations, so that the objection filed by the Washington State Nurses Association concerning its request for a delay of the proceedings is without merit.

 

The authority to conduct representation proceedings that is conferred upon the Commission by RCW 41.56.050 through .080 is to be implemented by the expeditious conduct of elections under Commission policy and precedent, so that the objection filed by the Washington State Nurses Association concerning its request for impounding and simultaneous tally of ballots is without merit.

 

4. The unit described in paragraph 3 of the foregoing findings of fact is an appropriate unit for the purposes of collective bargaining within the meaning of RCW 41.56.060, and all conditions precedent to a certification have been met.

 

NGW, THEREFORE, it is

CERTIFIED

 

The employees of the above-named employer in the appropriate bargaining unit described in paragraph 3 of the foregoing findings of fact have chosen:

 

UNITED STAFF NURSES UNION, LOCAL 141

 

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

 

ISSUED at Olympia, Washington, this 29th day of January, 1990.

 

PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

JANET L. GAUNT, Chairperson

MARK C. ENDRESEN, Commissioner

JOSEPH F. QUINN, Commissioner

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