Karen Hartman, Field Representative, appeared on behalf of the petitioner.

Donald Mitchell, Superintendent, appeared on behalf of the employer.

Gail Fujita, Attorney at Law, appeared on behalf of the intervenor, Public School Employees of Washington.

On June 6, 1984, Classified Public School Employees Association (petitioner) timely filed a petition seeking investigation of a question concerning representation involving certain employees of Chehalis School District (employer). The employees in question were represented by Public School Employees of Washington (intervenor).

A pre-hearing conference was conducted by Hearing Officer Kenneth J. Latsch, on July 11, 1984. At the conference, the parties stipulated that the petition described an appropriate bargaining unit. The unit was described as:

All regularly employed full-time and part-time food service, custodial, and maintenance employees excluding the food service supervisor, maintenance supervisor, part-time student help and casual employees.

The parties further stipulated that 25 employees would be eligible to vote in an election. The only issue remaining in dispute related to the method of determining the question concerning representation. The petitioner desired an "on-site" election to be conducted during the second week of September while the intervenor desired a mail ballot procedure to be initiated before the school year commences on September 4, 1984. A statement of results of pre-hearing conference was issued on July 16, 1984 reflecting the single issue remaining in dispute. On July 20, 1984, petitioner submitted a letter re-stating its opposition to a mail ballot. Petitioner maintains that the procedure would not hasten resolution of the issue or give eligible voters a better chance to make their desires on representation known.

Having considered the matter, it is concluded that a mail ballot procedure is an appropriate method of determining the question concerning representation. Election procedures are reserved to the Commission for final determination, and mail ballots are specifically permitted in WAC 391-25-490 which provides, in pertinent part, that such a voting procedure can be used:

... when it appears that an election by "in person" procedures would result in undue delay or would effectively deprive some eligible employees of their opportunity to vote.

It is evident that a majority of employees affected by the petition do not work on a 12-month basis, but rather are on the employer's premises on a regular basis only during the school year. The employees can best be contacted during summer months by mail addressed to them at their residences. The statute sets out the "window" period for filing of representation petitions, and this case was initiated on a timely basis. There is no statutory requirement or policy supporting delay until after the expiration of the incumbent's contract, and the Commission has urged speedy resolution of representation questions. City of Redmond, 1367-A (PECB 1982). Given these circumstances, it would not serve the best purposes of labor relations policy to delay an election. Use of a mail ballot will give all employees adequate notice and opportunity to cast their votes, and will expedite the matter. Accordingly, a mail ballot election is directed.

FINDINGS OF FACT

1.                  Chehalis School District is a "public employer" within the meaning of RCW 41.56.030(1). The employer has a bargaining relationship with several employee organizations.

2.                  Classified Public Employees Association timely filed a petition for investigation of a question concerning representation involving certain employees of Chehalis School District and is a "bargaining representative" within the meaning of RCW 41.56.030(3).

3.                  Public School Employes of Washington timely intervened as the incumbent representative of the employees affected by the petition and is a "bargaining representative" within the meaning of RCW 41.56.030(3).

4.                  The petition filed on June 6, 1984 described the bargaining unit at issue in this matter as:

All regularly employed full-time and part-time food service, custodial, and maintenance employees excluding the food service supervisor, maintenance supervisor, part-time student help and casual employees.

CONCLUSIONS OF LAW

1.                  The Public Employment Relations Commission has jurisdiction in this matter pursuant to Chapter 41.56.060 RCW.

2.                  A bargaining unit consisting of all regularly employed full-time and part-time food service, custodial, and maintenance employees excluding the food service supervisor, maintenance supervisor, part-time student help and casual employees is an appropriate unit for the purpose of collective bargaining within the meaning of RCW 41.56.060.

3.                  A question concerning representation has arisen in the appropriate bargaining unit described in paragraph two of these conclusions of law.

4.                  The question concerning representation is appropriately resolved by a mail ballot pursuant to RCW 41.56.060 and WAC 391-25-490.

DIRECTION OF ELECTION

Pursuant to RCW 41.56.060 and WAC 391-25-490, an election by secret mail ballot shall be conducted in the appropriate bargaining unit described in Conclusion of Law 2, above, to ascertain whether employees desire to be represented for purposes of collective bargaining by Classified Public Employees Association or by Public School Employees of Washington.

DATED at Olympia, Washington, this 14th day of August, 1984.

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.