DECISION NO. 95 PECB

THIS MATTER having come on before the undersigned upon a petition filed on January 29, 1976 by the City of Tacoma, being represented by their Labor Relations Director, Mr. Hugh W. Judd; the International Brotherhood of Electrical Workers, Local No. 483, being represented by Mr. F. G. Enslow and Mr, David B, Condon; and having considered all the evidence, affidavits, memoranda and supporting documents; and having heretofore made and entered his FINDINGS OF FACT AND CONCLUSIONS OF LAW, and being fully advised in the premises,

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

The certain petition by the City of Tacoma for a Binding Declaratory Ruling be granted in all respects and the employees in the Supervisory Bargaining Unit of Tacoma City Light are declared as not being “public employees” as defined by RCW 41.56.030 (2) (c).

DATED this ___ day of ___, 1976.

[SIGNED]

WILLARD G. OLSON

ASSOCIATE CHIEF LABOR MEDIATOR

THIS MATTER having come on before the undersigned upon a petition filed by the City of Tacoma, through their Labor Relations Director, Mr. Hugh W. Judd, on January 29, 1976, seeking a binding Declaratory Ruling from the Public Employment Relations Commission that certain supervisory positions at Tacoma City Light are not “public employees” as defined by RCW 41,56,030 (2) (c). The International Brotherhood of Electrical Workers, Local No, 483, responded in opposition to the petition, through their legal counsel, Mr. F. G. Enslow and Mr, David B, Condon. In communications dated February 25, 1976 and March 2, 1976 the above parties were requested to submit written evidence and/or affidavits relevant to the issue not later than April 8, 1976. Memorandums supporting their positions were received from both the Union and the City on April 8, 1976 and were accompanied by affidavits of Tacoma City employees. The memorandums and affidavits having been received and considered, evidence and supporting documents examined by the undersigned, and being fully advised in the premises, now makes the following:

FINDINGS OF FACT

I

THE CITY OF TACOMA did petition on January 29, 1976 for a Binding Declatory Ruling, as provided in RCW 34.04.080, that certain supervisory positions at Tacoma City Light are not “public employees” as defined by RCW 41.56.030 (2) (c).

II

THE CITY OF TACOMA, WASHINGTON is a “public employer” within the meaning of RCW 41.56,020 and RCW 41.56,030 (1).

III

THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 483, is a “labor organization” within the meaning of RCW 41,56,010, and is a “bargaining representative” within the meaning of RCW 41.56.030 (3).

IV

The City of Tacoma, on November 13, 1972, gave written recognition to I.B.E.W. Local 483 as the exclusive bargaining representative of the following classes of supervisory employees:

V

Agreement on the first written contract between the Union and the City covering the “Electrical Supervisors’ Bargaining Unit” in the Department of Public Utilities was reached in July of 1975 to be effective from April 1, 1975 through March 31, 1976, The Department of Labor and Industries was notified of the agreement by letter from Mr. Ronald L. Miller of I.B.E.W. Local 483 on July 23, 1975. Resolution No, U-4719, approving the Agreement, was adopted by the City Council on January 14, 1976 and the final document was signed by all parties on February 26, 1976, (As the result of a typographical error, the year shown on the agreement is “1975”, but should read “1976.) The contract added one classification to the bargaining unit and altered the title of two: 5250 became “Assistant Substation Supervisor”; 5251 became “General Substation Supervisor”; and new number 5263 was added bearing the title of “Underground Residential Distribution Supervisor”. The present unit consists of fifteen (15) classifications with nineteen (19) supervisors.

VI

The head of the Light Division is the Light Superintendent who reports to the Director of Public Utilities. The accompanying chart shows the organizational structure of the Division. The positions which are the subject of this Declaratory Ruling are shown in boxes. The chart also shows the types of employees and the number supervised which ranges from a low of five (5) to a high of one hundred and two (102).

VII

Tacoma City Light is a division of the Department of Public Utilities of the City of Tacoma which also includes the City Water Division and the Belt Line Railway Division. The utility owns and operates six hydro electric plants and has two standby steam plants, The division has total assets of over 320 million dollars and serves 86,750 customers. The Light Division employs 493 employees, 375 of which are represented by I.B.E.W. Local 483.

VIII

The Fire Alarm Supervisor (5271) is not included in the City Light organizational chart because the position is in the City Fire Department. This classification reports to the Services Chief and directly supervises five (5) employees.

IX

The Traffic Signal Supervisor (5276) is not included in the City Light organizational chart because the position is in the Traffic Engineering Division. This classification reports to the Division Chief and directly supervises nine (9) employees.

X

Affidavits were received from the Communications Supervisor (4125), Chief Power Dispatcher (5125), Relay and Meter Supervisor (5235), Underground Residential Distribution Supervisor (5263), Fire Alarm Supervisor (5271), Traffic Signal Supervisor (5276), Chief Electrical Inspector (2130), and Assistant Chief Electrical Inspector (2126), The affidavits of these eight (8) employees affirm that each has the authority to effectively recommend to hire, fire, transfer, suspend, lay off, recall, promote, discharge, reward or discipline employees. They all refer to attached job descriptions as being substantially accurate. The job descriptions show a broad range of supervisory duties with considerable freedom and independence. Each affiant denies a confidential relationship with the Director of Public Utilities, the Superintendent of Light, the Fire Chief, or the City Manager, and all disclaim responsibility for formation of policy regarding labor relations.

XI

An affidavit received from Vernon Neal Purdy, Hydro Electric Plant Supervisor (5135) disclaims the authority to effectively recommend any of the actions described above in Finding Mo. X, He states that the attached job description is substantially accurate but denies involvement in the formulation of personnel policy.

XII

An affidavit received from Frank Lipera, Assistant Overhead Supervisor (5265) disclaims involvement in any of the supervisory actions described in Finding No. X. He agrees substantially to the job description but denies participation in personnel policy or any confidential relationship with the Director of Public Utilities.

XIII

The City of Tacoma submitted a bound volume of evidence, 297 pages, in support of the petition. The collective bargaining agreement with I.B.E.W. Local 483 covering the Journeymen’s unit (p. 40) requires the Supervisor to represent management in the first step of the Grievance Procedure, With the exception of one Supervisor, Mr. Lipera, the evidence shows the Supervisors effective involvement, either by signatures on documents or by minutes of meetings, in one or more of the following managerial procedures: grievance processing, Labor-Management Committee, contract administration, granting leaves of absence, development of affirmative action program, review of probationary employees, permanent appointments, merit increase requests, transfers, employee performance reviews, upgrade requests, and position classifications.

XIV

The Assistant Overhead System Supervisor (5265), Mr. Frank Lipera, assumed that position in January, 1976 and no evidence was included relating to this individual. Evidence was submitted, however, relating to Mr, Mitchell who previously held that position (p. 86, 88), This position supervises 102 Journeyman bargaining unit employees.

XV

There are three Hydro Electric Plant Supervisors (5135) and the above-referenced affidavit from one of them, Mr. Purdy, appears to disclaim most management functions. The evidence presented (pp. 225 thru 245) shows that these supervisors grant leaves of absence, prepare employee performance reviews, and evaluate probationary employees. Mr. Purdy’s signature appears on pages 233, 234, 243 and 245.

XVI

The Supervisor’s salary is based upon a percentage above the employees under his supervision and in no case is less than 7%, Supervisors do not receive the overtime rate of pay for hours worked beyond the normal work week. In some instances they are provided with city-paid housing and automobiles which are not furnished to their subordinates.

XVII

In a strike situation by the Journeymen’s Unit of I.B.E.W. Local 483 on September 5, 1974, several Supervisors refused to cross the picket line (p. 283), Those who did report for work were required to obtain permission from the Union or be in violation of the Constitution and Bylaws of the Union.

XVIII

An affidavit was received from Mr. Paul W. Becker, Jr., who supervises and coordinates the Department of Public Utilities Labor Relations and Personnel Programs. In December, 1975 affiant attempted to have the Supervisors distribute a memorandum on medical coverage to all employees, A number of those memorandums were not distributed and one Supervisor related that he had been advised by the Union not to distribute them.

XIX

Affidavits were received from Mr. Ronald M. Button, Director of Public Works of the City of Tacoma, relating to the Traffic Signal Supervisor; and from Mr. Tony F. Mitchell, Fire Chief of the City of Tacoma, relating to the Fire Alarm Supervisor. Both affidavits describe the duties of the Supervisors as including the authority to effectively recommend the supervisory actions described in Finding No, X.

XX

The City of Tacoma supports the petition on the basis that the Supervisory employees are not “public employees” as defined in the statute because they fall within the specific exception of RCW 41.56.030 (2) (c) in that they act as “adminisistrative assistants” and have “managerial” type supervisory duties.

XXI

I.B.E.W. Local No. 483 urges that the petition be dismissed because “supervisors” are not specifically excluded by the statute and urges that a liberal construction be given to RCW 41.56.030 (2) which will grant collective bargaining rights to this Supervisory Bargaining Unit.

From the foregoing Findings of Fact, the Public Employment Relations Commission makes the following

CONCLUSIONS OF LAW

I

The Public Employment Relations Commission has jurisdiction over this matter by virtue of RCW 41.56 and RCW 34.04.

II

Precedents set by the State of Washington Department of Labor and Industries have excluded “managerial” type supervisors from the provisions of the Act in Cases SK-1216, SK-1395, 0-1510, and 0-1573.

III

The petitioned-for bargaining unit of Shift Supervisors consists of “managerial” type supervisors who are not Public Employees as defined in RCW 41,56.030 (2) (c) and are thus excluded from the provisions of said act as a matter of law.

IV

The Petition by The City of Tacoma shall therefore be granted.

Dated this 17 day of aug, 1976.

[SIGNED]

Willard G. Olson

Associate Chief Labor Mediator Public Employment Relations Commission