Central Washington University, Decision 11919 (PSRA, 2013)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
PUBLIC SCHOOL EMPLOYEES OF WASHINGTON
Involving certain employees of:
CENTRAL WASHINGTON UNIVERSITY
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CASE 25963-E-13-3816
DECISION 11919 - PSRA
ORDER OF DISMISSAL
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On September 24, 2013, Public School Employees of Washington (union) filed a representation petition with this agency seeking to represent the full-time and regular part-time Program Coordinators at Central Washington University (employer). On September 26, 2013, a routine letter was sent to the employer asking it to provide a list of the petitioned-for employees. The employer provided the list of employees on October 7, 2013.
Representation Case Administrator Dario de la Rosa reviewed the showing of interest against the list of employees provided by the employer and determined that petition lacked the requisite showing of interest required by WAC 391-25-110 (1). That rule states, in part:
A petition filed by employees or an employee organization shall be accompanied by a showing of interest indicating that the petitioner has the support of thirty percent or more of the employees in the bargaining unit which the petitioner claims to be appropriate.
(emphasis added).
A deficiency notice was issued October 7, 2013, pointing out that the petition was not supported by at least thirty percent of the employees and the union was given until October 21, 2013, to cure the defect. To date, the defect in has not been cured.
DISCUSSION
Requiring thirty percent of employees in a bargaining unit to support a decertification petition demonstrates that at least a significant minority of employees desires a change as to invoke the jurisdiction and resources of the Commission. State – Revenue, Decision 9665-B (PSRA, 2007). The thirty percent requirement is mandatory, not discretionary, and WAC 391-25-110 provides no exception in its interpretation or administration. State - Labor and Industries, Decision 9052 (PSRA, 2005). Because the petition is not supported by a sufficient showing of interest, it must be dismissed.
ORDERED
The petition filed in case 25963-E-13-3816 is dismissed due to the petitioner's failure to comply with WAC 391-25-110 and supply evidence that at least thirty percent of the bargaining unit employees support the question concerning representation.
Issued at Olympia, Washington, this 29th day of October, 2013.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MICHAEL P. SELLARS, Executive Director
This order will be the final order of the
agency unless a notice of appeal is filed
with the Commission under WAC 391-25-660.