Appearances:

For Petitioner: Chris Dugovich, Business Representative

For Employer: Mike Webby, Representative

FINDINGS OF FACT

1.                  The above-named petitioner timely filed with the Public Employment Relations Commission a petition for investigation of a question concerning representation of employees of the above-named employer; said petition was accompanied by a showing of interest which was administratively determined by the Commission to be sufficient; and the employer declined voluntarily to extend recognition to the petitioner as the exclusive bargaining representative of its employees.

2.                  From the outset of the proceedings, the employer contended that Rex B. Tippery, Priscilla M. Shea, Ada TaBelle Marvosh, John F. Marchione, and Thomas D. Vetsch were properly excluded from the bargaining unit.

3.                  The parties entered into and filed an election agreement calling for a representation election to be conducted by the Commission in the bargaining unit described as:

REGULAR FULL-TIME AND REGULAR PART-TIME EMPLOYEES WHO WORK FOR CITY OF KENT IN THE DEPARTMENT OF FINANCE; EXCLUDING SPECIFICALLY METER READER/MAINTENANCE WORKER-II, TEMPORARY, CONFIDENTIAL, SUPERVISORY, AND ALL OTHER EMPLOYEES OF THE EMPLOYER.

4.                  The parties entered into and filed a supplemental agreement calling for post-election determination of the bargaining unit status of the individuals identified in paragraph 2 of these finding of fact. Those individuals were afforded the opportunity cast challenged ballots, and at least some of them availed themselves of that opportunity.

5.                  Subsequent to the conduct of the election, the above-named petitioner has withdrawn its claim that the individuals identified in paragraph 2 of these findings of fact are properly included within the bargaining unit stipulated to be appropriate.

CONCLUSION OF LAW

In view of the employer's claim that the individuals identified in paragraph 2 of the foregoing findings of fact were and are properly excluded from the bargaining unit, there does not appear to be any dispute remaining for determination by the Commission under RCW 41.56.060.

NOW, THEREFORE, it is

ORDERED

1.                  The challenges to the ballots cast by the individuals identified in the supplemental agreement filed in this proceeding are SUSTAINED.

2.                  An amended tally of ballots is attached.

ISSUED at Olympia, Washington, this 23rd day of December, 1988.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

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