STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of:
CITY OF DUPONT EMPLOYEES ASSOCIATION	CASE 11040-E-94-1822
Involving certain employees of:	DECISION 4959-B - PECB
CITY OF DUPONT	ORDER DETERMINING ELIGIBILITY ISSUES

Mark Bentler, President, appeared on behalf of the union.

Preston, Gates & Ellis, by James J. Mason, Attorney at Law, appeared on behalf of the employer.

On March 28, 1994, the City of Dupont Employees Association filed a petition for investigation of a question concerning representation with the Public Employment Relations Commission, seeking certification as exclusive bargaining representative of all police, public works, planning/building, and administrative employees of the City of Dupont. After the parties framed issues at a prehearing conference held on April 22, 1994, a hearing was held on July 7, 1994, and the parties filed post-hearing briefs. A direction of cross-check issued on February 9, 1995, reserved certain eligibility issues for subsequent determination. [1] A crosscheck was conducted by a member of the Commission staff, and a tally and amended tally were issued showing that the union had majority support among the employees. [2]

                                                                                                      

The employer filed objections limited to the eligibility rulings made on the office-clerical employees. It claimed that the clerk-treasurer position no longer existed, having been replaced by two separate "administrative secretary" and "accounting technician" positions. The employer asserted that the employee who formerly performed office-clerical functions involving utilities and a court has had her duties expanded since the elimination of the clerk-treasurer position, and that the city council was considering a draft of a new job description for her as a confidential administrative secretary. The employer further asserted that a new accounting technician job description was approved on October 11, 1994. The employer thus asked the Commission to exclude both of the new office-clerical positions from the bargaining unit as confidential employees.

On March 28, 1995, the Commission issued an interim certification and remanded the case for a hearing on the eligibility of the administrative secretary and accounting technician. [3] A hearing was held at Dupont, Washington, on May 8, 1995, before Hearing Officer Paul T. Schwendiman. The parties filed post-hearing briefs.

BACKGROUND

The City of Dupont is located in southern Pierce County. William H. Gorgensen was the (part-time) mayor at the outset of these proceedings, but has since resigned. By vote of the city council, Councilman Willard F. Shenkel became mayor on July 1, 1994. City Administrator Roy D. Bysegger is the full-time official responsible for day-to-day operations, and reports to the mayor.

Dupont is in the infancy of its development as a municipality. The Weyerhaeuser Company (which owns most of the property in the city) is a primary participant in the Northwest Landing development design currently in process. An insurance company has moved into a large new office building in Dupont, and a computer integrated circuit manufacturer has announced plans to construct a computer "chip" manufacturing plant in Dupont. [4] The current population is approximately 600 persons, but the employer's comprehensive plan suggests that population will climb to approximately 9, 100 residents in a period of some 20 years.

The employer's objections filed on March 3, 1995, included draft job descriptions for the two new positions, and the employer introduced the adopted job descriptions in evidence at the May 8th hearing. As adopted, the job description for the "administrative secretary" position is as follows:[5]

ADMINISTRATIVE SECRETARY II

(includes City and Court Clerk Functions)

DEFINITION

Under direction, performs responsible and confidential secretarial duties for the Mayor, City Administrator, and City Council; relieves the Mayor and City Administrator of a variety of clerical details; ( (may) ) serves, as the City Clerk and Clerk of the Municipal Court; and does related work as required.

EXAMPLES OF DUTIES

Prepares and processes reports, supporting documents, and minutes of all official City meetings, ordinances, resolutions, meeting notices, and agendas.

Maintains a calendar and schedules appointments for the City Council, Mayor, City Administrator, and City staff.

Acts as a confidential secretary to the Mayor ((and)) City Administrator, and City Council.

Gathers information and composes correspondence in reply to various requests, inquiries and questionnaires .

Helps prepare and assemble materials for meetings.

Supervises billing and collection of charges for the use of water, sewer, and garbage utilities.

Prepares required utility reports, documents, and correspondence.

Serves as the City Clerk and Clerk of the Municipal Court.

Exercises considerable discretion in the interpretation of procedures and guidelines established by the Mayor and City Administrator.

Installs and revises filing systems and secures official original documents ( (when designated as City Clerk)).

Maintains individual City employees personnel files.

Answers correspondence independently for signature by the Mayor or Supervisor.

((Provider clerical support to the Municipal Court, including—assigning—case—numbers , —preparing—court docket, attending court, keeping records of the court proceedings—and—following—court—action—provide appropriate—correspondence—fee—attorneys, Police Department, —and close cases when appropriate. ))

Performs responsible administrative, confidential, and clerical work involving the administration of the City Municipal Court which includes the responsibility for caseload reporting to the State, trust fund accounting, issuance of warrants, selection of juries and scheduling trials, hearings and sentencings; assistaning [sic] the Judge during court sessions of checking and updating all files for court; monitoring compliance with court conditions; and providing appropriate correspondence to attorneys, police departments and defendants.

DESIRABLE QUALIFICATIONS

Knowledge of:

Modern office practices and procedures including business correspondence, filing, and standard office equipment operation.

Basic functions and organization of municipal government .

Correct English usage, spelling, and punctuation.

Ability to:

Perform difficult and responsible secretarial and clerical work.

Take notes at meetings and conferences and prepare clear and concise reports.

Prepare reports and compose correspondence independently.

Type accurately at a speed of ( (65 ) ) 55. words per minute.

Employ good judgement and make sound decisions in accordance with established procedures and policies.

Establish and maintain cooperative relationships with those contacted in the course of work.

EXPERIENCE

Four years of increasingly responsible clerical and secretarial experience involving frequent contact with the public. Two of those four years must be experience with a municipal government.

EDUCATION

Graduation from High School or GED certificate ( (—) ) plus an equivalent of two years of higher education in government, business administration, and ((/-)) or related field. Completion of or working toward Municipal Clerk certification is desirable.

[Bold indicates emphasis in original. ]

The testimony provided at the hearing indicates the administrative secretary routinely handles all incoming inquiries, and most applications for business permits and licenses. She opens and distributes all incoming correspondence, and does most of the typing and letter writing for the mayor and city administrator. She maintains personnel files and court records, and corresponds with the city attorney on criminal cases.

The job description for the "accounting technician" position is as follows:

ACCOUNTING TECHNICIAN

BASIC PURPOSE

This employee occupies a confidential position by providing payroll data to top management. Performs calculations on the City's payroll benefit system;

coordinates vendor contracts; approves purchase orders; maintains personnel records; and maintains the City's accounts payable systems. Performs all functions under a department director and the Mayor and/or the Mayor's designated authority.

SUMMARY OF DUTIES AND RESPONSIBILITIES

The following statements reflect the duties and responsibilities of this classification, but should not be considered an all inclusive listing. The incumbent is also expected to meet the technical performance developed for this position and the City's standards for interpersonal and team behaviors, customer contacts and supervision as they exist or may be formulated in the future. Incumbents may also perform other duties as assigned, including work in other functional areas to cover absences or to meet current workload needs.

Personnel: Calculates the City's payroll and payroll benefit system; performs the work of payroll clerical functions; provides confidential research, reports and analysis for the City's labor negotiating team; maintains personnel files; prepares, reviews and approves monthly, quarterly and annual payroll related reports.

Purchasing: Processes the City's purchase requisition and purchase order systems; reviews departmental purchasing practices for compliance with adopted policies and procedures; audits purchase request for selection of correct account coding; approve purchase orders; audits "open purchase order" vender accounts for compliance with adopted policies and procedures; and instructs other department employees on correct purchasing procedures. In addition, responsible for vendor contracts; develops and maintains listing of approved vendors and sources of supplies, materials, services and equipment; maintains listing of State of Washington vendor contracts; canvases salespeople and businesses to find the best prices available and coordinates other employee's vendor contracts.

Accounts payable: Maintains the City's accounts payable system, audits account coding of invoices, resolves discrepancies and takes corrective action; monitors departmental expenditures, use of "Petty Cash" transaction, and "Travel" expenditures and reports. Seeks to help City staff regarding internal controls, procedural problems, and assists in interpreting monthly expenditure reports.

Research: Evaluates summary data prepared by others for accuracy, consistency and compatibility with other elements of the City's financial systems; researches records as directed by management; and assists in the preparation of the budget by extracting and analyzing payroll and purchasing records.

Customer Service: Responds quickly and appropriately to citizen and employee inquires, request for service, and/or complaints. Perceives when non-routine activities are required and offers to help without needing to be asked.

SELECTION CRITERIA

The desirable attributes for an employee in this position include:

*          Ability to maintain assigned payroll and purchasing financial systems in accordance with generally accepted governmental accounting and auditing practices and procedures.

*          Working knowledge of computers and their application in financial and accounting systems.

*          Ability to research bookkeeping problems, analyze data, and recommend improvements and/or solutions as appropriate.

*          Ability to develop agreement in procedural and policy matters and work through detailed problems with others.

*          Ability to plan and organize time and work to meet deadlines and seasonal work loads.

*          Ability to give substantial attention to details, be accurate and thorough, and to work under pressure.

*          Ability to warmly greet the public and co-workers and clearly convey a sincere willingness to be of service and/or open to resolving the situation at hand.

*          Look for opportunities to build trust and be willing to use both verbal and non-verbal behavior to show an open, accepting attitude.

*          Ability to communicate effectively, both orally and in writing.

*          Portrays an image of knowledge, confidence, professionalism, fairness, and caring.

MANDATORY QUALIFICATIONS

1. Pass a background investigation.

2.             Must be bondable.

3.             Must complete the American Payroll Certification program within two years.

4.             Must pass pre-employment medical testing for the ability to perform the essential functions of the position and maintain a level of physical and mental fitness necessary to perform the essential functions of the position .

5.             Must be able to provide own transportation to and from job, meetings, and related job sites.

6.             Verification of identity and United States work authorization must be complete as required by the Immigration Reform and Control Act.

EXPERIENCE, EDUCATION AND TRAINING

The typical qualified applicant will have:

*          An Associates degree in accounting, office management, business administration and/or related field,

AND

*          Two years of advanced, full-cycle bookkeeping and payroll experience,

OR

*  Any combination of experience, education, and training that would provide the level of knowledge and ability required such as a four year college degree in accounting, business or public administration; or six years of advanced, full-cycle bookkeeping and payroll experience.

The testimony at the hearing indicates the accounting technician routinely processes all payments made, audits the employer's financial operations on a spot basis, maintains payroll records, and is responsible for employee payroll files.

POSITIONS OF THE PARTIES

The employer contends that the two new positions replace the clerk-treasurer position which was previously found to be a confidential position. The employer also argues that both the administrative assistant and the accounting technician positions perform sufficient confidential duties to be confidential employees.

The union contends there was no agreement that the administrative secretary and accounting technician positions would be considered "confidential" as successors to the clerk-treasurer. It argues that the administrative secretary and the accounting technician donot perform confidential duties, and that they should not be excluded from the bargaining unit.

DISCUSSION

Standards for "Confidential" Exclusions

As noted in the Direction of Cross Check issued in this case, the issue of "confidential" status has been visited by the Commission in numerous cases. The controlling precedent is IAFF, Local 469 v. City of Yakima, 91 Wn. 2d 101 (1978), which establishes a "labor nexus" test for "confidential" status. [6] It is clear that an employer will be allowed some reasonable number of excluded personnel to perform the functions of the employer in the collective bargaining process. Clover Park School District, Decision 2243-A (PECB, 1987) . At the same time, because status as a confidential employee deprives the individual of all rights under the statute, the party that seeks exclusion of an employee as confidential has a heavy burden of proof. City of Seattle, Decision 689-A (PECB, 1979) .

The employer's heavy burden of proof may be met by prior agreements of the parties which exempt particular positions from units. With the caveat that the Commission is not bound by parties' agreements on unit determination matters that are abhorrent to Commission policies, [7] an employer or union must demonstrate a change of circumstances to avoid the binding effect of a prior stipulation on the unit status of a position. Olympia School District, Decision 4736-A (PECB, 1994).

The Clerk-Treasurer Position

The Direction of Cross Check in this case made an inference that the union was conceding the confidential status of the clerk-treasurer position. It was noted that the petitioning organization was formed in-house by employees of this employer, and that the petition indicated there were seven employees in the proposed bargaining unit. From those facts, it was inferred that:

The leaders of the organization were intimately familiar with the employer's workforce when they prepared the petition form. While they used general terms "Police, Public Works, Planning/ Building, Administrative" to describe the bargaining unit, they inserted the number "7" in the space on the petition form calling for the number of employees involved. With nine positions in the employer's regular workforce, exclusive of elected officials, that number only makes sense if the association intended to exclude both the administrator and clerk-treasurer positions from the bargaining unit.

The agreement of the union to exclude the clerk-treasurer" was thus deduced by a mathematical computation, subtracting the number of employees in the bargaining unit on the petition from the total of nine listed by the employer (9 - 7 = 2). [8]

The clerk-treasurer position was vacant by the time of the hearing held on July 7, 1994, but was the subject of some testimony at that hearing. Mayor Shenkel testified that the former utility/court clerk was functioning "at the present time in a temporary status and it's by necessity", performing both her former duties and the clerk-treasurer duties until the latter position could be filled on a permanent basis. She was typing letters for the mayor and administrator, and was handling financial matters which would ordinarily be handled by the clerk-treasurer. In response to a question concerning the clerk's responsibility for preparation of the budget, the mayor responded, "The person holding the position of clerk-treasurer is responsible for working with and then helping prepare that budget". There was no indication, however, that the clerk-treasurer was to be supplanted by two other positions.

A clerk-treasurer is commonly the principal financial officer in a small municipality. Persons holding such positions are often involved in employer preparations for collective bargaining, and an agreement to exempt a clerk-treasurer is not abhorrent to the statute or Commission precedent. [9] In that context, the discussion section of the Direction of Cross Check included:

The evidence would not support exclusion of more than one clerk . . . . If the clerk-treasurer position has been filled, the employee now holding the second clerk position would be eligible for inclusion in the bargaining unit.

Moreover, paragraph 3 of the findings of fact recited the facts and inferences supporting the parties' apparent agreement to exclude the "clerk-treasurer" position from the city-wide unit:

The petition filed by the City of Dupont Employees Association implied [exclusion of] the employer's "administrator" and "clerk-treasurer" from the bargaining unit. The "administrator" is the highest full-time official of the employer, and exercises authority over all other employees of the employer. The "clerk-treasurer" is the chief financial officer of the employer, and would necessarily be involved in the employer' s preparations for collective bargaining.

There was, however, no conclusion of law constituting a formal ruling that the "clerk-treasurer" was a confidential employee.

Had the employer simply filled the clerk-treasurer position, the employer's heavy burden of proof to support exclusion of that person would have been satisfied by the union's implied acknowledgement of the exempt nature of the clerk-treasurer position.

The Change of Circumstances

An eligibility list for a representation election or cross-check is a snapshot of the employer's workforce as it exists at that point in time. Bargaining units are not fixed and immutable, and changed circumstances provide a basis for a fresh look at unit determination issues. WAC 391-35-020 expressly permits the filing of a unit clarification petition upon a change of circumstances, even where there is a contract in effect between the parties. Examples of cases in which a sufficient change in circumstances was demonstrated include Spokane County, Decision 3011 (PECB, 1988) , where a change in management structure ended a secretary's derivative confidentiality, and City of Wapato, Decision 2619 (PECB, 1987), where a change of practices caused a particular reserve officer to be scheduled as if he were a regular part-time employee.

When called upon to clarify a bargaining unit, the Commission considers the history and prior stipulations of the parties as part of applying the customary tests for "confidential" or "supervisor"status. When a party has previously agreed to the exclusion of a position as "confidential", it is reasonable to treat that agreement as a factual stipulation that remains binding until a significant change in circumstances is shown. Olympia School District , supra.

The clerk-treasurer position was not filled in-kind. Instead, it was replaced by the "administrative secretary" and "accounting technician" positions now claimed by the employer as confidential. [10] That substantial change of circumstances certainly warrants a fresh look at the situation under Pierce County, Decision 2319 (PECB, 1985), and may be sufficient to nullify any implied agreement concerning the clerk-treasurer position. [11]

The city administrator continues to be the highest-ranking non-elected official in the employer's table of organization, and continues to have authority over all of the employees in the petitioned-for unit. The association does not object to the city administrator being excluded as a confidential employee. The evidence also supports exclusion of the "administrator" as a confidential employee, if not the executive head of the public employer, under RCW 41. 56. 030(2) (c) .

Both the administrative secretary and the accounting technician report directly to the city administrator, and it is within the realm of reasonability that they might be called upon to assist the city administrator in preparing materials for collective bargaining. The confidential exclusion is not limited to those who directly participate in the formulation of labor relations policyand objectives, and it extends to those support personnel who process sensitive labor relations-related material at the direction of those responsible for collective bargaining matters. [12] However, absent agreement between the parties regarding the exclusion of the two new positions, the employer must prove that each of the new positions actually has duties which include a "necessary, regular and ongoing" labor relations nexus. [13]

The requirement that contact with labor relations matters be "necessary" precludes the exclusion of individuals performing a limited amount of labor relations work that could be readily assigned to confidential employees already excluded from the bargaining unit. [14]

What amounts to "regular" contact must be decided on the facts of each case. A specified percentage of time working on confidential labor relations documents is not required. City of Mountlake Terrace, Decision 3832-A (PECB, 1992); City of Tukwila, Decision 451-A (PECB, 1978).

The requirement that contact be "ongoing" precludes exclusion of individuals whose alleged confidential status is based just on speculation as to the employee's use in the future. Benton County, Decision 2719-B (PECB, 1989); City of Winslow, Decision 3520-A (PECB, 1990). The line between speculation and predictability is sometimes unclear, where the employer has never had any collective bargaining relationships to administer. In Town of Granite Falls, Decision 2617 (PECB 1987), a town clerk was excluded as a confidential employee where all of the employer's elected officials were part-time and there were no other confidential employees to be custodian of confidential files that would otherwise have to be kept in the private homes of the elected officials. The situation in Dupont is distinguished factually from the situation in Granite Falls, in that at least the city administrator in Dupont will be excluded from the bargaining unit.

Any labor relations duties of the new administrative secretary and accounting technician positions were necessarily speculative at the time the positions were first filled. The job descriptions for the positions were drafted during the pendency of these proceedings, prior to the issuance of the interim certification, so there was no collective bargaining relationship to administer. The incumbents had held their positions for only a short time as of the date of the hearing. Testimony of the city administrator and mayor indicates the extent of actual confidential duties performed was limited, at most, and may not be necessary.

Administrative Secretary -

The job description for the administrative secretary position has several references to "confidential" duties of the employee:

Under direction, performs responsible and confidential secretarial duties for the Mayor, City Administrator, and City Council; relieves the Mayor and City Administrator of a variety of clerical details; ((may)) serves as the City Clerk and Clerk of the Municipal Court; and does related work as required.

…

Acts as a confidential secretary to the Mayor^ ((and)) City Administrator, and City Council. Performs responsible administrative, confidential, and clerical work involving the administration of the City Municipal Court which includes the responsibility for caseload reporting to the State, trust fund accounting, issuance of warrants, selection of juries and scheduling trials, hearings and sentencings; assistaning [sic] the Judge during court sessions of checking and up dating all files for court; monitoring compliance with court conditions; and providing appropriate correspondence to attorneys, police departments and defendants.

[Emphasis by bold supplied. ]

The first two references are not explicitly related to labor relations matters, however, and the third reference is directly related to court operations having nothing to do with labor-management relations. The new job description was carefully edited between its drafting and its adoption by the city council, but the changes made do not warrant a conclusion that the position meets the "labor nexus" test. [15] Language found in both the draft and the final job description, to the effect that the administrative secretary "relieves" the mayor and city administrator of "a variety of clerical details" is subject to the interpretation that those officials are narrowing their activities to more sensitive matters. Although changes of job descriptions in close proximity to a unit determination hearing are sometimes suspect, the employer did not even attempt to incorporate unambiguous "labor nexus" duties in this job description.

The testimony shows the matters held in confidence actually relate primarily to negotiations with the Weyerhaeuser Real Estate Corporation and Lonestar Industries about the Northwest Landing development, and to correspondence with the city attorney on criminal cases. No actual labor nexus has been proved by the employer, and the necessity of confidential assignments in the future has not been established.

Accounting Technician -

The job description for the accounting technician position also contains references to "confidential" duties:

BASIC PURPOSE

This employee occupies a confidential position by providing payroll data to top management. Performs calculations on the City's payroll benefit system; coordinates vendor contracts; approves purchase orders; maintains personnel records; and maintains the City's accounts payable systems. Performs all functions under a department director and the Mayor and/or the Mayor's designated authority.

SUMMARY OF DUTIES AND RESPONSIBILITIES

….

Personnel: Calculates the City's payroll and payroll benefit system; performs the work of payroll clerical functions; provides confidential research, reports and analysis for the City's labor negotiating team; maintains personnel files; prepares, reviews and approves monthly, quarterly and annual payroll related reports .

…

Research: Evaluates summary data prepared by others for accuracy, consistency and compatibility with other elements of the City's financial systems; researches records as directed by management; and assists in the preparation of the budget by extracting and analyzing payroll and purchasing records.

[Emphasis by bold supplied. ]

The testimony indicates, however, that the accounting technician has not actually done any work preparing for labor negotiations. She has assisted the city administrator in developing a salary step system of the type that might eventually be discussed in collective bargaining, but the actual extent of her involvement was described by City Administrator Bysegger in terms that are instructive:

Q                         [By Mr. Bentler] Recently you have been working on a proposed salary for the City of Dupont?

A                         [By Mr. Bysegger] I have been working on a salary step system which this information has been provided on an individual basis to the City Council.

Q                         Has the Accounting Technician been instrumental in that? A She provided assistance to me, yes.

Q             Such as?

A                         Such as the preparation of the format for the program, or for the information, the typing of certain bits of information regarding job descriptions.

Q             How about the actual numbers?

A                         The actual numbers was performed by myself, taken out of survey data. But some of the typing and the format structure of that document was prepared by her and myself.

Q                         Mr. Bysegger, the Accounting Technician, does she do any of the actual number crunching? From what you said, correct me if I'm wrong, she basically proof read the job descriptions in the small boxes on each of the pages?

A                         And some of the format. The format that the document would look like, and proof reading, yes.

Q                         But as far as the computations, she did not -- she was not involved in that?

A                         Not on that particular project, because that project was obtained from information that was readily available and just taken out of a survey book.

[Emphasis by bold supplied. ]

It is difficult to credit the existence of the required intimate fiduciary relationship and necessary, regular, and ongoing labor nexus, where the claimed confidential employee only prepares the format and the information is all public record.

The fact that the accounting technician knows the existing rates of pay and administers the payroll is not a basis for a confidential exclusion. A union representing the employer's employees would be entitled to all of the information about pay rates and the amounts actually paid to bargaining unit employees. See, Olympia School District, supra. Similarly, the city administrator's expectation that the accounting technician would "research the present pay status of individuals including benefits, health insurance and payroll" is too vague and speculative to be a basis for an exclusion at this time.

Conclusions -

The record is insufficient to warrant depriving either the administrative secretary or the accounting technician of the rights conferred by the Public Employees' Collective Bargaining Act, Chapter 41. 56 RCW. In reaching this conclusion, it is recognized that there may have been changes since the close of the hearing which are not reflected in this record. If the facts now support the claim of confidential status for either employee, the parties will be in a position to consider those facts in bilateral discussions and, if necessary, to present them in future unit clarification proceedings filed and pursued under Chapter 391-35 WAC.

FINDINGS OF FACT

1          The City of Dupont is a municipality of the State of Washington, and is a public employer within the meaning of RCW 41. 56. 010 (1) .

2          The City of Dupont Employees Association, a bargaining representative within the meaning of RCW 41. 56. 030(3) , is the exclusive bargaining representative for an appropriate bargaining unit described as:

All regular employees of the City of DuPont, excluding elected officials, the city administrator, confidential employees, and casual employees.

3          A clerk-treasurer position which was formerly excluded from the bargaining unit by the implied agreement of the parties in this proceeding was eliminated by the employer prior to issuance of the interim certification.

4          The employer has created two new positions titled: "administrative secretary II" and "accounting technician".

5          The evidence does not establish that the administrative secretary or the accounting technician has any direct role in the development of the employer's labor relations policies or the employer's negotiation of collective bargaining agreements .

6          The evidence does not establish that the administrative secretary or the accounting technician is necessarily privy to confidential information concerning labor relations policies of the employer.

CONCLUSIONS OF LAW

1          The Public Employment Relations Commission has jurisdiction over this case pursuant to RCW 41. 56. 060.

2          As presently constituted, the administrative secretary II and the accounting technician are public employees within the meaning of RCW 41. 56. 030(2), and are not "confidential employees" within the meaning of RCW 41. 56. 030(2) (c) .

ORDER

1          The administrative secretary II and the accounting technician are included in the bargaining unit represented by the City of Dupont Employees Association.

2 .        The interim certification issued in this matter will stand as the final certification of representative.

DATED at Olympia, Washington, this 22nd day of November, 1995.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This order will be the final order of the agency unless appealed by filing a petition for review with the Commission pursuant to WAC 391-25-390(2).