Adams County, Decision 7902 (PECB, 2002)

Bill Keenan, Director of Organizing, appeared on behalf of the union.

Perkins Coie by Brian Werst, Attorney at Law, appeared on behalf of the employer.

On December 31, 2001, the Washington State Council of County and City Employees (WSCCCE), filed a petition for investigation of a question concerning representation with the Public Employment Relations Commission under Chapter 391–25 WAC, seeking certification as exclusive bargaining representative of certain employees of Adams County. An investigation conference was conducted by telephone conference call on January 29, 2002 where the parties disagreed on the propriety of the unit. The matter was set for hearing but subsequently the parties came to an agreement on the propriety of the unit so a hearing was not necessary.

On September 26, 2002, the WSCCCE filed an amended petition seeking certification as exclusive bargaining representative of a courthouse unit case 16163-E-01-2682 and a unit of jailers and E-911 dispatch case 16732-E-02-2761. An investigation conference was held on November 5, 2002.

The parties’ agreement on the units was confirmed but they disagreed about the method to determine the question concerning representation. The union stated a preference for a cross-check, while the employer objected to the use of the cross-check procedure. The dispute concerning methodology was referred to the Executive Director.

RCW 41.56.060 sets forth the methods for determining questions concerning representation:

The Commission shall determine the bargaining representative by (1) examination of organization membership rolls, (2) comparison of signatures on organization bargaining authorization cards, or (3) by conducting an election specifically therefor.

The Commission’s rules limit the availability of the “cross-check” procedure, as follows:

WAC 391-25-391 SPECIAL PROVISION--PUBLIC EMPLOYEES. (1) Where only one organization is seeking certification as the representative of unrepresented employees, and the showing of interest submitted in support of the petition indicates that the organization has been authorized by in excess of seventy percent of the employees to act as their representative for the purposes of collective bargaining, the executive director may issue a direction of cross-check.

(2) A direction of cross-check and other rulings in the proceedings up to the issuance of tally are interim orders, and may only be appealed to the commission by objections under WAC 391-25-590 after the cross-check. An exception is made for rulings on whether the employer or employees are subject to the jurisdiction of the commission, which may be appealed under WAC 391-25-660.

(emphasis added).

The general preference for elections occasionally expressed by employers is not sufficient to disregard the statute and rule.

Examination of the case file indicates that the union submitted a showing of interest in excess of 70% as required by WAC 391-25-391. The showing of interest is confidential under WAC 391-25-110, and cannot be the subject of a hearing. If employees desire to withdraw their authorization cards, the procedure for doing so is detailed in WAC 391-25-410(2).

NOW, THEREFORE, it is

ORDERED

1.         A cross-check of records shall be made by the staff of the Public Employment Relations Commission in the appropriate bargaining unit described in case 16163-E-01-2682 as:

All full-time and regular part-time employees of Adams County in the departments of Ritzville District Court, Othello District Court, Auditor, Clerk, Prosecutors, Support Staff, Prosecutors Support Enforcement, Superior Court, Building and Planning, Treasurer, Assessors, and Juvenile Probation, excluding elected officials, department heads, confidential employees and all other employees.

to determine whether a majority of the employees in that bargaining unit have authorized the Washington State Council of County and City Employees, to represent them for purposes of collective bargaining.

2.         A cross-check of records shall be made by the staff of the Public Employment Relations Commission in the appropriate bargaining unit described in case 16732-E-02-2761 as:

All full-time and regular part-time count jailers and E-911 dispatch employees of Adams County in the departments of Adams County, excluding elected officials, department heads, confidential employees and all other employees.

to determine whether a majority of the employees in that bargaining unit have authorized the Washington State Council of County and City Employees, to represent them for purposes of collective bargaining.

3.         The employer shall immediately supply the Commission with copies of documents from its employment records which bear the signatures of the employees on the eligibility lists stipulated by the parties.

Issued at Olympia, Washington, on the 6^th day of October, 2002.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This order may be appealed by filing timely objections with the Commission pursuant to WAC 391-25-590.