Appearances:

MR. RAMON PAYNE, President, for the Petitioner.

MR. MALCOLM MARTIN, Assistant Superintendent, for the Employer.

MS. SYMONE SCALES, Attorney-At-Law, for Intervenor Peninsula Education Association, WEA-NEA.

The Peninsula Principals’ Association filed a petition with the Commission on June 6, 1977 seeking the creation of a bargaining unit of principals, assistant principals and certificated supervisors employed by Peninsula School District No. 401. The Peninsula Education Association is recognized as the exclusive representative of the non-supervisory certificated employees of the District, and that organization intervened in these proceedings. A hearing was held on January 13, 1978 before Jack T. Cowan, Hearing Officer. The petitioner and the intervenor filed post-hearing briefs.

During the hearing, evidence was adduced concerning the duties and authority of the occupants of four positions. In their briefs, the intervenor contends and the petitioner concedes that Don Pulsevich, Director of Athletics, and Kimo Streeter, Aquatics Director, are non-supervisory certificated employees. Similarly, the intervenor concedes and the petitioner contends that Richard Minarik, Director of Special Services, and Warren Holsapfel, Director of Vocational Education, are supervisors within the meaning of the Act. The record supports the positions of the parties in that regard, and no issues remain for decision by the agency. There has been no request for a separate unit of supervisors or for a combined unit of supervisors and non-supervisory employees.

FINDINGS OF FACT

1.                  Peninsula School District No. 401 is an employer within the meaning of RCW 41.59.

2.                  Peninsula Principals’ Association filed a timely petition seeking creation of a bargaining unit of principals, assistant principals and certificated supervisors and certification as the exclusive representative of the employees in such a unit.

3.                  Peninsula Education Association is an employee organization recognized as the exclusive bargaining representative of non-supervisory educational employees of Peninsula School District No. 401; and has been granted intervention in these proceedings on the basis that some or all of the positions claimed as supervisory in these proceedings were formerly included in the non-supervisory bargaining unit.

4.                  The parties are in agreement, and the record reflects, that the Director of Athletics and the Aquatics Director are non-supervisory educational employees within the meaning of RCW 41.59.020(8).

5.                  The parties are in agreement, and the record reflects, that the Director of Special Services and the Director of Vocational Education are supervisors within the meaning of RCW 41.59.020(4)(d).

CONCLUSIONS OF LAW

1.         A question has arisen concerning the creation of a bargaining unit consisting of principals, assistant principals and certificated supervisors employed by Peninsula School District No. 401. The supervisors identified in Findings of Fact paragraph 5 will be eligible to vote on that question. All principals and assistant principals employed by the employer will be eligible to vote on that question.

2.         In the event that a majority of the supervisors and, separately, a majority of the principals and assistant principals, indicate by vote that they desire to be included in a single bargaining unit of principals, assistant principals and supervisors, a question concerning representation will exist among such employees.

NOW, THEREFORE, it is

DIRECTED

1.         An election by secret ballot shall be held under the direction of the Public Employment Relations Commission among all supervisors employed by Peninsula School District No. 401, excluding the Superintendent of Schools, administrative officers of the District, principals, assistant principals, confidential employees, non-supervisory educational employees and non-certificated employees, to determine whether a majority of the supervisors eligible to vote in such election desire to be included in a bargaining unit of principals, assistant principals and supervisors and to become employees within the meaning of the Educational Employment Relations Act.

2.         An election by secret ballot shall be held under the direction of the Public Employment Relations Commission among all principals and assistant principals employed by Peninsula School District No. 401, excluding the Superintendent of Schools, administrative officers of the District, supervisors, confidential employees, non-supervisory educational employees and non-certificated employees, to determine whether a majority of the principals and assistant principals eligible to vote in such election desire to be included in a bargaining unit of principals, assistant principals and supervisors.

3.         An election by secret ballot shall be held under the direction of the Public Employment Relations Commission among all principals, assistant principals and certificated supervisors employed by Peninsula School District No. 401, excluding the Superintendent of Schools, administrative officers of the District, confidential employees, non-supervisory educational employees and non-certificated employees, to determine whether a majority of the employees voting desire to be represented by Peninsula Principals’ Association. This representation election may be conducted at the same time as the unit votes directed in paragraphs 1 and 2, above; but this representation election is conditioned upon the outcome of those unit determination elections. In the event that either of the groups voting under paragraph 1 and 2, above, fails to vote in favor of the creation of a unit of principals, assistant principals and supervisors, the ballots cast in this representation election shall be impounded.

DATED at Olympia, Washington this _____day of April, 1978.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director