DECISIONS

Grant County, Decision 12308 (PECB, 2015)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

On December 12, 2014, Brittany MacLeod filed a representation petition with the Public Employment Relations Commission seeking to decertify Teamsters Local 760 as the exclusive bargaining representative of the parking employees of Grant County.  Processing of that petition was held in abeyance until several unfair labor practice complaints were resolved.  Grant County (Teamsters Local 760), Decisions 12266 - 12270, 12275 (PECB, 2015).  Following dismissal of the unfair labor practice complaints, processing of MacLeod’s representation petition was continued. 

The petition was reviewed by agency staff for general compliance with the agency’s rules.  The current collective bargaining agreement between Grant County and Teamsters Local 760 indicates the term of that agreement is valid from January 1, 2013, through December 31, 2015.  It readily appears that a “contract bar” exists at this time that prevents the petition from being processed.  On March 11, 2015, a deficiency notice was issued pointing out that defect.  The petitioner was given until March 27, 2015, to show good cause as to why the petition should not be dismissed.  The agency did not receive any response from MacLeod. 

DISCUSSION

RCW 41.56.070 creates a “contract bar” which proscribes the time periods where a representation petition may be filed to either remove or change the bargaining unit’s current bargaining representative.  Where a current collective bargaining agreement is in effect, a petition involving any or all of the employees covered by the agreement will be timely only if it is filed during the “window” period of not more than ninety nor less than sixty days prior to the stated expiration date of the collective bargaining agreement.  A petition to change or remove the bargaining representative may also be filed after the expiration date of a collective bargaining agreement provided a new agreement has not been reached between the incumbent employer and bargaining representative. 

In this case, because the existing collective bargaining agreement does not expire until December 31, 2015, the window period opens on October 3, 2015, and closes on November 2, 2015.  MacLeod’s petition was not timely and must therefore be dismissed.  

NOW, THEREFORE it is

ORDERED

The representation petition filed by Brittany MacLeod in the above-captioned matter is DISMISSED. 

ISSUED at Olympia, Washington, this  31st   day of March, 2015.

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.