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City of Tacoma, Decision 10797 (PECB, 2010)

 

 

STATE OF WASHINGTON

 

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

In the matter of the petition of:

 

WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES

 

Involving certain employees of:

 

CITY OF TACOMA

 

CASE 22905-E-09-3515

 

DECISION 10797 - PECB

 

 

     DIRECTION OF ELECTIONS

 

 

 

 

            Audrey B. Eide, General Counsel, for the union.

            Cheryl Comer, Deputy City Attorney, for the employer.

 

 

On December 9, 2009, the Washington State Council of County and City Employees (union) filed a representation petition under Chapter 391-25 WAC, concerning certain employees of the City of Tacoma (employer).  The union’s petition seeks to merge two existing bargaining units it represents into a single bargaining unit:  1) Local 120 unit; and 2) Click broadband service technicians.  During the January 19, 2010 investigation conference, the employer took the position that merging the two existing units into a single unit would not be appropriate because the employees in the two units do not share a community of interest.[1]  On March 18, 2010, Hearing Officer Jessica Bradley conducted an investigatory hearing.  The parties subsequently filed briefs which were considered.

 

ISSUES

 

1.      Would a single bargaining unit consisting of all positions in the existing Local 120 bargaining unit and all positions in the existing Click broadband service technicians bargaining unit constitute an appropriate unit for collective bargaining?

2.      Should the Click broadband service technicians bargaining unit be accreted into the existing Local 120 bargaining unit?

 

The merged bargaining unit proposed by the union is an appropriate unit and elections will be conducted in both existing bargaining units as described in WAC 391-25-420(2)(d) to determine if the employees desire to merge the units.  The petitioner’s request for accretion is denied.

 

ISSUE 1 - APPROPRIATENESS OF PROPOSED UNIT

 

APPLICABLE LEGAL PRINCIPLES

 

Collective bargaining, under Chapter 41.56 RCW, is a process whereby employees join together as a single unit, to bargain with their employer over terms and conditions of their employment.  RCW 41.56.060 tasks the Commission with deciding what unit (grouping of employees) is appropriate for the purpose of collective bargaining.  The Commission’s goal is to group together employees who have sufficient similarities (community of interest) to indicate that they will be able to bargain effectively with their employer.” Community Transit, Decision 8734-A (PECB, 2005), citing Quincy School District, Decision 3962-A (PECB, 1993).  The statute does not require determination of the ‘most’ appropriate unit; it is only necessary that a petitioned-for unit be an appropriate unit.” Community Transit, Decision 8734-A, citing City of Winslow, Decision 3520-A (PECB, 1990).

 

The framework for determining bargaining unit configuration is described in RCW 41.56.060:

 

In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the public employees; the history of collective bargaining by the public employees and their bargaining representatives; the extent of organization among the public employees; and the desire of the public employees.

 

 

[T]he Legislature did not prioritize the criteria set forth in RCW 41.56.060, and has never required that all four factors be present within every case.  However, the ‘duties, skills, and working conditions’ component generally operates in all unit determination cases.” Community Transit, Decision 8734-A, citing King County, Decision 5910-A (PECB, 1997).  In merger situations the extent of organization and the bargaining history are not controlling.  Waterville School District, Decision 9879 (PECB, 2007), citing Community Transit, Decision 8734-A.  The exclusive method of determining the desires of employees in a representation case is a unit determination election.  WAC 391-25-420.

 

 

ANALYSIS

 

Extent of Organization and Bargaining History

The employer’s workforce is comprised of approximately 29 separate bargaining units.  The employer operates Tacoma Public Utilities, which includes Tacoma Power, Tacoma Water, and Tacoma Rail. The Click Network (Click) is a division of Tacoma Power.  Click provides cable television, broadband internet, and video services to residential and business customers.  Click competes openly in the market with private companies that sell cable and internet services.  Unlike many city services, Click is not funded by tax dollars and is required to generate revenue to cover all of its costs.

 

Local 120 Bargaining Unit

Local 120 of the Washington State Council of County and City Employees represents a bargaining unit of City of Tacoma employees, commonly referred to as the Local 120 unit.  The Local 120 unit, which is comprised primarily of technical employees, was voluntarily recognized by the employer sometime in the 1960s.  The employer and union have a collective bargaining agreement effective from January 1, 2008, through December 31, 2010.  The Local 120 unit consists of approximately 131 employees in the following job classifications:

 

Application Development Systems Analyst, Computer Operator Senior, Computer Support Assistant, Computer Support Technician, Computer Systems Programmer, Data Analyst, Database Analyst, GIS Analyst, Res 35289 Project Software Engineer, Converter Inventory Technician, Fleet Services Parts Technician, Purchasing Analyst, Purchasing Assistant, Vehicle Parts Assistant, Warehouse Technician, Warehouse Technician Senior, Graphic Arts Specialist, Photographer, and Reprographic Equipment Operator.

 

 

Converter inventory technicians are the only Click employees in the Local 120 represented unit. The parties agreed to include this classification in the Local 120 unit because Click converter inventory technicians perform work similar to the warehouse technicians in the Local 120 unit.

 

The GIS analyst used to be part of Click, but now reports directly to supervisors in Tacoma Power. The GIS analyst position is included in the Local 120 unit.

 

 

Click Broadband Service Technicians Bargaining Unit

 

On July 9, 2009, in City of Tacoma, Decision 10465-A (PECB, 2009), the Commission certified Washington State Council of County and City Employees as the exclusive bargaining representative of:

 

All full-time and regular part-time broadband service technicians of the City of Tacoma in the Tacoma Public Utilities Click Network, excluding supervisors, confidential employees and all other employees.

 

 

At the time of hearing in this matter, the parties were still in the process of negotiating the first collective bargaining agreement for the broadband service technician (broadband technician) unit.  Prior to the 2009 certification, the broadband technicians were not represented by any labor organization. 

 

Other Bargaining Units Containing Click Employees

International Brotherhood of Electrical Workers ( IBEW), Local 483, represents a unit of full-time and regular part-time telecommunications construction technicians and telecommunications network technicians of the City of Tacoma Click Network.[2]  Additional job classifications within Click are not represented by any labor organization and are not the subject of this petition.

 

Duties, Skills, and Working Conditions

      Duties

         Broadband technicians provide technical support services for broadband internet, cable television, and video services to paying customers. While broadband technicians do not physically install the data lines, they do install, maintain, configure and administer network components including routers, switches, servers, cable boxes, and network security appliances. Routers and switches control the customers’ access to services by regulating the speed of their internet connection or the television channels they can access.  Broadband technicians configure (adjust the settings) of these devices but do not write code or programs for them.  They also diagnose and repair Click service problems such as slow internet connections, video channel outages, or picture quality problems.  At the request of law enforcement, and in accordance with applicable laws, broadband technicians investigate abuse complaints and track illegal use of the network.

 

         Computer systems programmers are part of the Local 120 bargaining unit. The computer systems programmers work on some of the same equipment as broadband technicians. Computer systems programmers maintain, configure, and administer the city’s internal computer network and components including routers, switches, and servers. They also diagnose and repair service problems involving the city’s computer network, including servicing some city network resources used by Click employees.  Computer systems programmers do not work on cable or video-related technology; that work is unique to broadband technicians.

 

         Converter inventory technicians (converter technicians) are part of the Local 120 bargaining unit. They are responsible for preparing, diagnosing, cleaning, testing, repairing, storing, and distributing telecommunications system converters.  Click uses converters on residential customer premises to receive video signals and allow programming to be viewed on the customer’s television.  Broadband technicians are not responsible for installing converters but will occasionally work with converter technicians to diagnose equipment problems.  Converter technicians are the only employees who repair and maintain the converters.

 

Skills

         The broadband technician position requires a high school education and specific technical knowledge related to television signals, digital networking, network testing equipment, and routing.  Broadband technicians must be able to operate a computer and related software, and have customer service skills. The employer prefers that broadband technicians possess an associate’s degree in a related field and have four years of telecommunications industry experience.

 

         The computer systems programmer position requires either a bachelor’s degree in computer science or a related field, or an associate’s degree and two or more years of computer operating system and/or network support experience. The position also requires knowledge of computer hardware, software, file sharing, servers, and networking.

 

         The converter technician position requires a high school education, one year of telecommunications industry experience in handling and record keeping of parts and supplies, and one year of customer service experience. A valid driver’s license is also required.

 

There are no professional licensing requirements for any of the job classifications listed above.

 

Working Conditions

Supervision

Broadband technicians report to the Click interactive services manager, who reports to the Click network services manager.  Converter technicians report to the Click converter inventory control manager, who reports to the Click technical operations manager.  Because broadband technicians and converter technicians are both part of Click, they have the same upper levels of management. The network services manager and the technical operations manager both report to the Click general manager, who reports to the Tacoma Power superintendent, who reports to the director of Tacoma Public Utilities.

 

Computer systems programmers have a distinct reporting structure. They report to the Information Technology (IT) systems support manager or the IT networks and communications manager. Both of these managers report to the IT assistant director, who reports to the IT director.

 

            Work Location

Broadband technicians have cubicles and office space on the third floor of the City of Tacoma’s Administration Building South.  The GIS analyst, who is part of the Local 120 unit, works in the same office space in a cubicle next to one of the broadband technicians. The converter technicians work in another part of the same building, Administration Building South.  Most computer systems programmers work in the Tacoma Municipal Building North, which is located a few miles away from the Administration Building South.            

 

            Interchange of Employees

There is no history of employees from other job classifications filling in for broadband technicians; nor is there any evidence of broadband technicians filling in for any other job classification.

 

            Transfers

Employees in other job classifications who would like to transfer to a broadband technician position are required to go through the same, competitive, civil service application and selection process as external applicants. 

 

 

 

            Wages and Benefits

The salary range for broadband technicians is encompassed in the salary range of computer systems programmers. The compensation for converter technicians is lower than the compensation offered to broadband technicians and computer systems programmers.  All employees in the two units at issue receive the same medical, dental, vision, and retirement benefit options.

 

            Work Schedule and Hours of Work

Broadband technicians, converter technicians, and computer systems programmers typically work eight-hour shifts, Monday through Friday. Start times for broadband technicians vary from 7:00 A.M. to 4:30 P.M.  Computer systems programmers also have staggered start times.  On occasion, broadband technicians and computer systems programmers work nights or weekends in order to perform maintenance on systems during non-working hours.

 

Broadband technicians and computer systems programmers are required to participate in an on-call rotation, to fix problems during nights, weekends, and vacations. While on-call, employees are required to carry employer-provided cell phones and respond to calls in a reasonable time.

 

            Travel

Broadband technicians’ and computer systems programmers’ duties require them to leave their offices to provide troubleshooting and repairs. Broadband technicians and computer systems programmers typically drive an employer-owned vehicle when they leave the office to work in the field.  If an employer-owned vehicle is not available, the employer pays employees for mileage in a personally-owned vehicle.  Broadband technicians take an employer vehicle home when they are on-call. Computer systems programmers use their own vehicles and are paid for mileage if they are called out to any site other than their office. There was no evidence presented on whether converter technicians were required to travel.

 

Broadband technicians service some clients located at the Port of Tacoma. In order to have access to these facilities, broadband technicians must obtain a Transportation Worker Identification Credential (TWIC). In order to obtain a TWIC, employees must undergo a substantial background check.  There is no evidence to indicate that any job classifications in the Local 120 unit are required to have a TWIC.

 

            Policy and Procedures

Broadband technicians are subject to the same city-wide policies and procedures as employees in the Local 120 unit.  Broadband technicians are also bound by several layers of confidentiality agreements concerning customer accounts and codes for configuring devices that allow access to the employer’s services. Converter technicians and computer systems programmers are bound by confidentiality agreements concerning coding for configuring devices that allow access to the employer’s services, but do not have the same confidentiality agreements relating to customer information.

 

Other Arguments

Competitive Industry, Customer Service, and Funding Source

The employer believes that the competitive nature of the telecommunications services provided by Click causes broadband technicians to have unique working conditions. Specifically, the employer argues that broadband technicians must possess customer service skills and maintain confidentiality in their contacts with customers and business partners. The employer further argues that broadband technicians require greater flexibility in work hours than other employees because they administer services under contracts with private customers that require service be provided in certain time periods.  Lastly, the employer points out that Click is a unique entity because Click is required to generate its own revenue in a competitive business environment.

 

The arguments concerning the competitive nature of the work and customer service are evaluated in terms of their impact on employees’ duties, skills, and working conditions.  In Benton County, Decision 7651-A (PECB, 2003), citing Kitsap County, Decision 4314 (PECB, 1993), the Commission explained “that ‘source of funds’ is not among the unit determination criteria set forth in RCW 41.56.060, and that it is commonplace to find a mix of federally funded, state funded, grant funded, and locally funded positions commingled in local government bargaining units.” The source of funds, whether from sales or public sources, is not a community of interest criteria under Chapter 41.56 RCW.  

 

            Compensation Comparables

The employer put on evidence about wage surveys it conducts to look at wages of comparable positions in other organizations and entities.  The employer uses this data to help decide what wage rate and scale it offers to each job classification.  For most job positions, the employer looks at positions within other public entities.  For the broadband technician position, the employer looks at comparables in the private sector because it has not been able to find comparable positions in the public sector.  The employer argues that its use of private sector comparables is further evidence of the unique private sector nature of the broadband technician position.

 

The type of data an employer uses to formulate its wage proposals is not a controlling factor in determining the community of interest for a group of employees.  In light of the unit determination criteria under RCW 41.56.060, wages are viewed as part of overall working conditions of employees in a proposed unit configuration.  The record established that the wage rate of broadband technicians is within the pay range of employees in the Local 120 unit.

 

            Terms of Local 120 Agreement

The employer argues that the two bargaining units should not be permitted to merge because some of the terms and conditions of employment contained in the Local 120 collective bargaining agreement would not be appropriate for the unique situation of the broadband technicians.  This argument presupposes that a new, merged unit would automatically be covered by the Local 120 agreement. Case law is clear that “[s]hould the employees vote to merge the two units, the parties may collectively bargain distinct and separate terms and conditions for different classifications.  There is no legal requirement that the employer agree to apply the terms of one agreement to a group of newly merged employees.”  Waterville School District, Decision 9879.

 

 

 

Employer’s Reliance on Kitsap Transit

In support of its position that the two bargaining units should not be permitted to merge, the employer relies on Kitsap Transit, Decision 10234-A (PECB, 2009).  The situation in Kitsap Transit was not analogous to the situation in this case. In Kitsap Transit, Decision 10234 (PECB, 2008), the union filed a petition to merge its ROUTED and ACCESS bargaining units.  The union’s merger petition was dismissed on grounds that the ROUTED unit included a group of employees that did not share a community of interest with the fixed route operator employees in the unit and was, therefore, an inappropriate unit.  Accordingly, it was not appropriate to merge the units. The Commission affirmed that ruling in Decision 10234-A, reasoning that the union sought to merge an inappropriate unit with an appropriate unit, which would have created one larger inappropriate unit.

 

In this case, both the broadband technicians unit and the Local 120 unit are appropriate units. The reasoning for the denial of the merger petition in Kitsap Transit is not applicable to the facts in this case.

 

CONCLUSION

 

Broadband technicians share a community of interest with employees in the Local 120 bargaining unit.  The duties, skills, and working conditions for broadband technicians, and computer systems programmers in the Local 120 unit, have many similarities. Although the broadband technicians maintain the Click network and computer systems programmers maintain the City of Tacoma’s internal computer network, both classifications work with many of the same types of servers, routers, and internet technology.  Employees in both classifications provide services that need to be available 24 hours a day, work staggered start and end times, participate in a mandatory on-call rotation, and work occasionally on nights or weekends in order to perform maintenance on systems.  The positions both drive an employer-owned vehicle when they leave the office to work in the field or are reimbursed for mileage when they use a personally-owned vehicle.

 

Broadband technicians share some commonalities with other job classifications in the Local 120 unit. Broadband technicians and converter technicians work in the Click network division and have the same upper levels of management. Broadband technicians also work in close physical proximity with some Local 120 classifications. Converter technicians work on a different floor of the same building as the broadband technicians.  One GIS analyst, who is also part of the Local 120 unit, works in a cubicle next to a broadband technician. The broadband technicians’ pay rate is similar to computer systems programmers and the broadband technicians receive the same retirement and health care benefits as employees in the Local 120 unit. 

 

Although broadband technicians also work with cable and video technologies that are unique to their job positions and there is no history of interchange between broadband technicians and other classifications in the Local 120 unit, the majority of the statutory factors indicate that the broadband technicians share a sufficient community of interest with employees in the Local 120 unit to enable a bargaining representative to bargain collectively on their behalf. The merged unit proposed by the union would constitute an appropriate bargaining unit.

 

ISSUE 2: ACCRETION VERSUS ELECTION

 

APPLICABLE LEGAL PRINCIPLES

 

In its post-hearing brief, the union cites cases in favor of accreting the broadband technicians into the Local 120 bargaining unit.   When employees are accreted into a bargaining unit, they are not afforded an opportunity to vote.  Because accretion is inconsistent with the right of employees to determine whether they wish to be represented by a labor organization, accretion occurs only under special circumstances, usually when there is no other appropriate unit for a newly-created position.  City of Tacoma, Decision 8982 (PECB, 2005). Accretion is governed by WAC 391-35-020(4) and typically involves including one or more unrepresented employees into an existing bargaining unit. The high standards that must be met for an accretion are detailed in Kitsap Transit Authority, Decision 3104 (PECB, 1989), and Seattle School District, Decision 4868 (PECB, 1994). 

ANALYSIS

 

Accretion is not appropriate in this situation because the broadband technician unit and the Local 120 unit are appropriate stand-alone bargaining units.  Furthermore, in this case the union filed a representation petition under Chapter 391-25 WAC. Parties seeking accretion must file a unit clarification petition under Chapter 391-35 WAC.

 

The merger petition in this case is governed by WAC 391-25-420, which states:

 

   (2) Where an organization desires to merge two or more historically separate bargaining units, it may request a unit determination election under this section.

   (a) The organization shall file a petition under WAC 391-25-070, indicating under "other relevant facts" that it is seeking a merger of two or more existing bargaining units.
   (b) The showing of interest shall indicate support for the merger of units, and shall be evaluated separately in each of the historical bargaining units.
   (c) The proposed merged unit must be an appropriate unit under the applicable statute.

    (i) If the propriety of the merged bargaining unit is disputed, the executive director shall make a determination following a hearing.

    (ii) If the propriety of the merged bargaining unit is stipulated, the executive director or designee shall determine whether the proposed unit is, on its face, an appropriate bargaining unit under the applicable statute.
   (d) If the merged unit is found to be appropriate, the agency shall conduct a unit determination election in each of the bargaining units proposed for merger.

   (i) If the merger is rejected in any of the historical units, the petition shall be dismissed.

   (ii) If the merger is approved in all of the historical units and no motion for intervention has been granted, the executive director shall issue a certification designating the petitioning organization as exclusive bargaining representative     of the merged bargaining unit.

   (iii) If a motion for intervention has been granted under WAC 391-25-170 or 391-25-190, the agency shall conduct a representation election prior to the issuance of a certification.

 

 

When a petitioner seeks to merge two existing bargaining units, and the proposed merged unit would also constitute an appropriate unit, the Commission will conduct separate elections in each of the existing units.  This provides employees with an opportunity to express their desires.  If the majority of eligible voters in each election approve the merger, the existing units will be replaced by a new merged unit.  If the majority of eligible voters in either unit reject the merger, either by failing to cast ballots or by voting against the merger, the existing units will remain in place. The fact that unit determination elections under WAC 391-25-420 require approval by a majority of eligible voters distinguishes them from representation elections which are generally decided by a majority of those voting.  WAC 391-25-530.

 

I am denying the request for accretion and directing elections be conducted in both existing bargaining units as described in WAC 391-25-420(2)(d) to determine if the employees desire to merge the units.

 

FINDINGS OF FACT

 

  1. The City of Tacoma is a public employer within the meaning of RCW 41.56.030(1).

 

  1. Local 120 of the Washington State Council of County and City Employees is a bargaining representative with the meaning of RCW 41.56.030(3).

 

  1. The union described in Finding of Fact 2 is the exclusive bargaining representative of a bargaining unit comprised primarily of technical employees. The unit was voluntarily recognized by the employer sometime in the 1960s. The parties refer to this unit as the Local 120 unit. The unit consists of the following job classifications:

 

Application Development Systems Analyst, Computer Operator Senior, Computer Support Assistant, Computer Support Technician, Computer Systems Programmer, Data Analyst, Database Analyst, GIS Analyst, Res 35289 Project Software Engineer, Converter Inventory Technician, Fleet Services Parts Technician, Purchasing Analyst, Purchasing Assistant, Vehicle Parts Assistant, Warehouse Technician, Warehouse Technician Senior, Graphic Arts Specialist, Photographer, and Reprographic Equipment Operator.

 

 

  1. The Washington State Council of County and City Employees is a bargaining representative within the meaning of RCW 41.56.030(3).

 

  1. On July 9, 2009, the Commission certified Washington State Council of County and City Employees as the exclusive bargaining representative of:

 

All full-time and regular part-time broadband service technicians of the City of Tacoma in the Tacoma Public Utilities Click Network, excluding supervisors, confidential employees, and all other employees.

 

 

  1. The bargaining units described in Findings of Fact 3 and 5 are appropriate stand-alone bargaining units.

 

  1. On December 9, 2009, the Washington State Council of County and City Employees filed a representation petition under Chapter 391-25 WAC seeking to merge the bargaining units described in Findings of Fact 3 and 5 into a single bargaining unit.

 

  1. The classifications of computer systems programmer, converter inventory technician, and GIS analyst are included in the Local 120 unit.

 

  1. The duties, skills, and working conditions for broadband service technicians, and computer systems programmers in the Local 120 unit have many similarities.  Both classifications work with many of the same types of servers, routers, and internet technology.  Employees in both classifications provide services that need to be available 24 hours a day, work staggered start and end times, participate in a mandatory on-call rotation, and work occasionally on nights or weekends in order to perform maintenance on systems.  The positions both drive employer-owned vehicles when they leave the office to work in the field, or are reimbursed for mileage when they use a personally-owned vehicle.

 

  1. Broadband service technicians and converter inventory technicians work in the Click Network Division and have the same upper levels of management.
  2. Broadband service technicians work in close physical proximity with some Local 120 classifications.  A GIS analyst, who is part of the Local 120 unit, works in a cubicle next to a broadband service technician.  Converter inventory technicians work in another part of the same building.

 

  1. There is no history of employees from other job classifications filling in for broadband service technicians; nor is there any evidence of broadband service technicians filling in for any other job classification.

 

  1. The broadband service technicians’ pay rate is similar to the computer systems programmers’ pay rate.

 

  1. Broadband service technicians receive the same retirement and health care benefits as employees in the Local 120 unit.

 

  1. Broadband service technicians are subject to the same city-wide policies and procedures as employees in the Local 120 unit. 

 

  1. As described in Findings of Fact 8 through 15, broadband service technicians share a sufficient community of interest with employees in the Local 120 unit to enable a bargaining representative to effectively bargain collectively on their behalf.

 

CONCLUSIONS OF LAW

 

  1. The Public Employment Relations Commission has jurisdiction in this matter under Chapter 41.56 RCW and Chapter 391-25 WAC.

 

  1. The proposed merged unit, as described in Findings of Fact 3 and 5, is an appropriate bargaining unit under RCW 41.56.060.

 

  1. The proposed accretion under WAC 391-35-020(4) of the broadband service technician bargaining unit described in Finding of Fact 5 into the Local 120 bargaining unit described in Finding of Fact 3 is denied.

 

DIRECTION OF ELECTIONS

 

Elections shall be conducted by secret ballot under the direction of the Public Employment Relations Commission in each bargaining unit for the purpose of determining whether the majority of the employees eligible to vote in both units desire to merge the two bargaining units.

 

A separate election will be conducted in the voting groups described as:

 

1.      All full-time and regular part-time employees of the City of Tacoma employed in the following classifications: Application Development Systems Analyst, Computer Operator Senior, Computer Support Assistant, Computer Support Technician, Computer Systems Programmer, Data Analyst, Database Analyst, GIS Analyst, Res 35289 Project Software Engineer, Converter Inventory Technician, Fleet Services Parts Technician, Purchasing Analyst, Purchasing Assistant, Vehicle Parts Assistant, Warehouse Technician, Warehouse Technician Senior, Graphic Arts Specialist, Photographer, Reprographic Equipment Operator, excluding supervisors, confidential employees, and all other employees.

 

  1. All full-time and regular part-time broadband service technicians of the City of Tacoma in the Tacoma Public Utilities Click Network, excluding supervisors, confidential employees and all other employees.

 

 

The purpose of the elections is to determine whether a majority of the employees eligible to vote in each voting group desire to constitute themselves as a merged bargaining unit represented by Washington State Council of County and City Employees.

 

If employees in both units approve the merger, the new merged bargaining unit would be described as:

 

All full-time and regular part-time employees of the City of Tacoma employed in the following classifications: Application Development Systems Analyst, Computer Operator Senior, Computer Support Assistant, Computer Support Technician, Computer Systems Programmer, Data Analyst, Database Analyst, GIS Analyst, Res 35289 Project Software Engineer, Converter Inventory Technician, Fleet Services Parts Technician, Purchasing Analyst, Purchasing Assistant, Vehicle Parts Assistant, Warehouse Technician, Warehouse Technician Senior, Graphic Arts Specialist, Photographer, Reprographic Equipment Operator, and Broadband Service Technician, excluding supervisors, confidential employees, and all other employees.

 

 

Issued at Olympia, Washington, this  1st  day of July, 2010.

 

 

PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

 

 

                                                CATHLEEN CALLAHAN, Executive Director

 

 

This order may be appealed by filing

timely objections with the Commission

under WAC 391-25-590.



[1]        During the investigation conference, the employer also challenged the inclusion of the broadband service technician lead position on the grounds of supervisory status.  The employer chose not to pursue this issue at the hearing.

[2]              This unit was certified by the Commission in City of Tacoma, Decision 9648 (PECB, 2007).

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