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Grant County, Decision 11820 (PECB, 2013)

 

STATE OF WASHINGTON

 

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

In the matter of the petition of:

 

TEAMSTERS, LOCAL 760

 

Involving certain employees of:

 

GRANT COUNTY

 

 

CASE 25745-E-13-3798

 

DECISION 11820 - PECB

 

 

DIRECTION OF CROSS-CHECK

 

On June 6, 2013, the Teamsters, Local 760, filed a petition seeking certification as exclusive bargaining representative of certain employees of Grant County. An investigation conference was conducted by electronic mail.  The parties stipulated to the appropriateness of the petitioned-for bargaining unit and the eligibility list but disagreed about the method to determine the question concerning representation.  The dispute concerning methodology was referred to the Executive Director.

 

ISSUE

 

The sole issue to be determined at this time is whether use of the cross-check method is appropriate in this case.  The union stated a preference for a cross-check, while the employer objected to the use of the cross-check procedure.  The Executive Director rules that a cross-check is appropriate.

 

APPLICABLE LEGAL PRINCIPLES

 

RCW 41.56.060 sets forth the methods for determining questions concerning representation:

 

The Commission shall determine the bargaining representative by (a) examination of organization membership rolls, (b) comparison of signatures on organization bargaining authorization cards, or (c) by conducting an election specifically therefore.

The Commission’s rules limit the availability of the “cross-check” procedure, as follows:

 

WAC 391-25-391 SPECIAL PROVISION --  PUBLIC EMPLOYEES. 

(1) Where only one organization is seeking certification as the representative of unrepresented employees, and the showing of interest submitted in support of the petition indicates that the organization has been authorized by in excess of seventy percent of the employees to act as their representative for the purposes of collective bargaining, the executive director may issue a direction of cross-check.

(2) A direction of cross-check and other rulings in the proceedings up to the issuance of tally are interim orders, and may only be appealed to the commission by objections under WAC 391-25-590 after the cross-check.  An exception is made for rulings on whether the employer or employees are subject to the jurisdiction of the commission, which may be appealed under WAC 391-25-660.

 

 

(emphasis added).  The general preference for elections occasionally expressed by employers is not sufficient to disregard the statute and rule.

 

In City of Redmond, Decision 1367-A (PECB, 1982) and numerous subsequent decisions, the Commission and the Executive Director have refused to ignore the cross-check option (or to write it out of the statute).

 

ANALYSIS

 

The wording on the authorization cards submitted as the showing of interest in this case clearly indicate that, by signing the card, the employee wishes to be represented by the Teamsters, Local 760, for the purposes of collective bargaining.  Just as people can be expected to attach importance to checks, contracts, and other documents they sign in the course of their personal business affairs, employees can be expected to read and give importance to authorization cards they sign for a union.

 

Examination of the case file indicates that the union submitted a showing of interest in excess of the 70 percent required by WAC 391-25-391.  If employees desire to withdraw their authorization cards in advance of a cross-check, the procedure for doing so is detailed in WAC 391-25-410(2).

 

NOW, THEREFORE, it is

 

ORDERED

 

1.                  The employer shall immediately supply the Commission with copies of documents from its employment records which bear the signatures of the employees on the eligibility list stipulated by the parties.

                                           

2.         A cross-check of records shall be made by the staff of the Public Employment Relations Commission in the appropriate bargaining unit described as:

 

All full-time and regular part-time Community Support Specialists employed by Grant County Integrated Services, excluding supervisors, confidential employees, and all other employees.  

 

 

to determine whether a majority of the employees in that bargaining unit have authorized the Teamsters, Local 760, to represent them for purposes of collective bargaining.

 

Issued at Olympia, Washington, on the   16th   day of July, 2013.

 

                                                            PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

 

 

                                                            MICHAEL P. SELLARS, Executive Director

 

 

This order may be appealed by filing

timely objections with the Commission

pursuant to WAC 391-25-590.

 

 

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