STATE OF WASHINGTON |
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BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION |
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In the matter of the petition of: |
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WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES |
CASE 10881-E-94-1797 |
Involving certain employees of: |
DECISION 4804 - PECB |
CITY OF MEDICAL LAKE |
DIRECTION OF ELECTION |
Randy Withrow. Staff Representative, appeared on behalf of the union.
Thomas F. Kingen, Attorney at Law, appeared on behalf of the employer.
On January 12, 1994, the Washington State Council of County and City Employees filed a petition to represent certain employees of the City of Medical Lake. Commission staff member Walter M. Stuteville conducted a prehearing conference, by telephone conference call, on July 5, 1994. The parties stipulated to the following matters:
1. The Public Employment Relations Commission has jurisdiction in this matter under Chapter 41.56 RCW.
2. The petitioner is qualified to serve as a representative within the meaning of the Act.
3. No incumbent exclusive bargaining representative or other organization is known to claim to represent the employees involved.
4. A question concerning representation exists.
5. The petition in this matter was timely filed.
6. No blocking charges have been filed which would delay the processing of this petition.
7. An appropriate bargaining unit is described as:
All full-time and regular part-time employees of the City of Medical Lake, excluding elected officials, confidential employees, supervisors, casual employees, the city administrator, and the city attorney.
The parties were not able to stipulate the list of employees eligible to vote or the type of election to be conducted.
Because there were only three positions at issue, the parties were informed that the dispute concerning their bargaining unit status could be handled by supplemental proceedings. Thus, to expedite the election process, a hearing on the disputed positions would be delayed until after the conduct of the election or cross-check.[1] No substantial objection to that process was raised by either party.
The union requested a delay in the proceedings to meet further with the members of the potential bargaining unit. The employer representative and the Election Officer agreed. To date, several weeks later, the Election Officer has had no responses to several attempts to contact the union to continue processing the petition. Therefore, an election is being directed to move the case along.[2]
DIRECTION OF ELECTION
An election by mail ballot shall be conducted under the direction of the Public Employment Relations Commission in the appropriate bargaining unit described as:
Including all full-time and regular part-time employees of the City of Medical Lake, excluding supervisors, confidential employees elected officials, casual employees, the city administrator, and the city attorney to determine whether a majority of the employees in that bargaining unit wish to have the Washington State Council of County and City Employees represent them for the purposes of collective bargaining.
ISSUED at Olympia, Washington, this 11th day of August, 1994.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
[SIGNED]
MARVIN L. SCHURKE, Executive Director
This order may be appealed by filing objections with the Commission pursuant to WAC 391-25-590.
ELIGIBILITY LIST, CITY OF MEDICAL LAKE
Douglas Palmer |
- Building Inspector |
William Ahlf |
- Maintenance Person |
Emil E. Engle |
- Maintenance Person |
Jerry D. Jones |
- Maintenance Person |
Brian H. Thomas |
- Maintenance Person |
John Steven Cooper |
- Maintenance Person |
Martin W. Lawrence |
- Police Officer |
Donald Smith |
- Police Officer |
Ralph Stearns |
- Police Officer |
Larry Took |
- Police Officer |
Dane Gilman |
- Police Officer |
Linda Stein |
- Police Administrative Assistant |
John Dolan |
- Animal Control |
POSITIONS CHALLENGED BY THE EMPLOYER
Daniel Dorshort |
- Maintenance Supervisor |
Donald State |
- Police Chief |
James Sjothun |
- Police Sergeant |
[1] City of Redmond, Decision 1367-A (PECB, 1982).
[2] A list of employees eligible to vote in this matter is attached to this order. Included on the list are the three positions whose eligibility is challenged by the employer. The ballot materials will be mailed to each employee on the eligibility list from the Olympia office of the Public Employment Relations Commission on August 17, 1994, and shall be returned to the same office by September 6, 1994, when the votes will be tallied.