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STATE OF WASHINGTON BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION |
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In the matter of the petition of: |
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TEAMSTERS UNION, LOCAL 524 |
CASE 10751-E-93-1778 |
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Involving certain employees of: |
DECISION 4678 - PECB |
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KLICKITAT COUNTY |
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DIRECTION OF ELECTION |
On October 29, 1993, Teamsters Union, Local 524 filed a petition for investigation of a question concerning representation with the Public Employment Relations Commission. The union seeks certifica-tion as exclusive bargaining representative of certain employees of Klickitat County. A prehearing conference was conducted on December 23, 1993. During the course of the prehearing conference, the parties were able to stipulate to most substantive issues, including an eligibility list and the description of an appropriate bargaining unit.
The parties were unable to agree on the eligibility cut-off date for the election, or the method by which the question concerning representation would be resolved. The union sought a cross-check of employment records, while the employer argued in favor of a mail ballot election.
WAC 391-25-390 controls the eligibility cut-off issue. In pertinent part, that rule states:
Unless otherwise provided in a direction of election, the cut-off date for eligibility to vote in an election shall be the date of issuance of the direction of election.
Accordingly, the eligibility cut-off date shall be the date of this order. As to the dispute over the method of determining the question concerning representation, the Commission is ultimately responsible for establishing election arrangements. Given the passage of time which has already occurred in the instant case, and the likelihood of further delay to schedule travel of a staff member to conduct a cross-check, it appears that a mail ballot election is the appropriate means for determining the representation issue. The Commission shall mail ballots to the eligible employees, and those ballots shall be counted in the Commission's Olympia office on a date to be established after consultation with the parties.
DIRECTION OF ELECTION
A mail ballot election shall be conducted among eligible voters in the appropriate bargaining unit described as:
ALL REGULAR FULL-TIME AND REGULAR PART-TIME EMPLOYEES OF THE SHERIFF'S DEPARTMENT AS CERTIFIED BY THE STATE OF WASHINGTON PUBLIC EMPLOYMENT RELATIONS COMMISSION (CERTIFICATION 2362-E-79-428) , EXCLUDING THE SHERIFF, UNDERSHERIFF, CHIEF CIVIL DEPUTY, CHIEF CRIMINAL DEPUTY, JAIL SUPERINTENDENT AND INSPECTOR
to determine whether they wish to be represented for purposes of collective bargaining by Teamsters Union, Local 524.
DATED in Olympia, Washington, this 21st day of April, 1994.
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.