Bremerton School District, Decision 6430 (PECB. 1998)

On September 21, 1998, Sherry Buehler filed a petition for investigation of a question concerning representation with the Commission under Chapter 391-25 WAC, seeking decertification of Public School Employees of Washington (union) from its status as exclusive bargaining representative of certain employees of the Bremerton School District (employer). The normal processing of a representation petition would include a request to the employer for a list of employees and an administrative verification that the showing of interest filed in support of the petition was sufficient, but the petition in this case suggested, on its face, that the petition could not be processed.

The petition indicated that only seven employees were involved, and described the bargaining unit as “administration accounting technicians”. The petition was accompanied by a copy of a collective bargaining agreement between the union and employer, effective through August 31, 1998. Section 1.4 of that contract described the covered bargaining unit as:

The bargaining unit to which this Agreement is applicable shall include all positions in the general job classification of:

a. Instructional Assistants

b. Secretarial

c. Clerical

d.            Accounting

e. Coordinator/Evaluator

f. Data processing

Close examination of the contract thus readily disclosed that the petitioned-for employees are included in a larger bargaining unit, and that the petitioner was seeking a “severance decertification” affecting only one classification within the historical bargaining unit. The Commission has long held that a “decertification” petitioner must take the existing bargaining unit as they find it, and that a group of employees cannot decertify only a portion of an exiting bargaining unit. City of Seattle, Decision 1229-A (PECB, 1982) and cases cited therein; City of Seattle, Decision 2640 (PECB, 1987); Spokane Transit, Decision 5641 (PECB, 1996).

The petitioner was given a period of 14 days in which to show cause why the petition should not be dismissed. No response has been received from the petitioner. The petition must be dismissed.

ORDERED

The petition for investigation of a question concerning representation filed in the above-captioned matter is DISMISSED.

DATED in Olympia, Washington, this 30th day of October, 1998.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This order will be the final order of the agency unless a notice of appeal is filed with the Commission under WAC 391-25-660.