On May 12, 1993, Public, Professional & Office-Clerical Employees and Drivers Local Union 763, affiliated with the International Brotherhood of Teamsters et al., filed a petition for investigation of a question concerning representation with the Public Employment Relations Commission, seeking certification as exclusive bargaining representative of certain employees of City of North Bend. The showing of interest filed in support of the petition indicates that the union has the support of a substantial majority of the petitioned-for employees.

A pre-hearing conference was conducted, by telephone, on July 19, 1993. During the course of the pre-hearing conference, the parties stipulated that an appropriate bargaining unit can be described as:

All full-time and regular part-time office clerical and technical employees of the City of North Bend, excluding supervisors, confidential employees, and all other employees of the employer.

With the exception of one eligibility issue reserved by the parties for later determination, the parties stipulated to an eligibility list during the pre-hearing conference. The parties were unable to agree, however, about the method of determining the question question concerning representation. A statement of results of the pre-hearing conference was issued, and no objections or proposed amendments to that statement have been filed by any party.

POSITIONS OF THE PARTIES

The union argued that a cross-check of employment records was appropriate, based on the substantial showing of interest filed with the petition.

The employer objected to use of the cross-check procedure, and expressed a general preference that the matter be resolved by an election among eligible voters. The employer did not, however, advance any specific impediments to use of the cross-check procedure.

DISCUSSION

The single eligibility issue framed by the parties does not prevent the further processing of the representation petition. City of Redmond, Decision 1367-A (PECB, 1982).

The selection of a method for determining a question concerning representation is a matter delegated by the Legislature to the Commission in RCW 41.56.060. The Commission has adopted WAC 391-25-391, which specifies the circumstances under which a cross-check of employment records may be ordered. That rule provides:

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 such organization has been authorized by a substantial majority of the employees to act as their representative for the purposes of collective bargaining, and the executive director finds that the conduct of an election would unnecessarily and unduly delay the determination of the question concerning representation with little likelihood of altering the outcome, the executive director may issue a direction of cross-check and any accompanying rulings shall not be subject to review by the commission except upon objections timely filed under WAC 391-25-590.

The Commission has interpreted the “substantial majority” terminology of that rule as “evidence of 70% support” among the petitioned-for employees. City of Centralia, Decision 3495-A (PECB, 1990).

Examination of the petition and pre-hearing statement in this case indicates that the requirements of WAC 391-25-391 have been met. There is only one union involved. The bargaining unit has not been represented in the past. The showing of interest submitted by the union meets the test for “substantial” set forth in the rule. There are no substantive issues in dispute. Given these circumstances, a cross-check of employment records is an appropriate method to resolve the question concerning representation.

DIRECTION OF CROSS-CHECK

A cross-check of records shall be made under the direction of the Public Employment Relations Commission in the appropriate bargaining unit described as:

All full-time and regular part-time office clerical and technical employees of the City of North Bend, excluding supervisors, confidential employees, and all other employees of the employer;

to determine whether a majority of the employees in that bargaining unit have authorized Teamsters Union, Local 763 to represent them for the purposes of collective bargaining.

ISSUED at Olympia, Washington, this 9th day of August, 1993.

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.