On January 4, 1988, the above-named petitioner filed a petition for investigation of a question concerning representation with the Public Employment Relations Commission, pursuant to Chapter 391-25 WAC. Teamsters Local No. 763 was granted intervention in the proceedings on the basis of its status as the incumbent exclusive bargaining representative of some of the employees in the bargaining unit sought by the petitioner.

On June 13, 1988, the employer withdrew its previous objections to inclusion of certain employees in the petitioned-for bargaining unit, and the parties stipulated to the list of employees eligible to vote in a representation election conducted by the Commission. The Commission thereupon conducted a secret ballot election.

At the tabulation of the ballots on July 15, 1988, the employer challenged the ballots of three voters whose names appeared on the eligibility list stipulated to by the parties. While the tally of valid ballots counted indicated that the results of the election were inconclusive, so that a run-off election would be necessary, the three challenged ballots were sufficient in number to affect the results of the election.

It has long been established that the stipulations made by parties concerning voter eligibility in a representation proceeeding conducted pursuant to Chapter 391-25 WAC are binding upon the parties, except for good cause shown. Community College District No. 5, Decision 448 (CCOL, 1978). In the instant case, the employer initially objected to the enlargement of the historical bargaining unit, but then withdrew that argument and entered into a stipulation concerning employee eligibility. Two procedural issues had been litigated previously, and a decision had been issued on those issues. City of Bellevue, Decision 2917 (PECB, 1988). The employer has not claimed a change of circumstances since June 13, or other good cause to excuse it from its stipulations concerning the scope of the bargaining unit and voter eligibility. The Executive Director having considered the entire record in the matter; and it appearing that summary disposition of the matter pursuant to WAC 391-08-230 could be appropriate;

NOW, THEREFORE, it is

ORDERED

Unless good cause is shown within ten (10) days following the date of this Order as to why such action should not be taken, the challenges by the City of Bellevue to the eligibility of three (3) voters named on the eligibility list previously stipulated by the parties shall be dismissed.

DATED at Olympia, Washington, this 12th day of August, 1988.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director