Kittitas County Public Hospital District 2, Decision 11852 (PECB, 2013)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of:
DEBBIE LOSSE
Involving certain employees of:
KITTITAS
COUNTY public |
CASE 25840-E-13-3805
DECISION 11852 – PECB
ORDER OF DISMISSAL
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On July 15, 2013, Debbie Losse filed a representation petition with the Public Employment Relations Commission seeking to decertify the International Association of Fire Fighters, Local 4880, as exclusive bargaining representative of the part-time emergency medical technicians of Kittitas County Public Hospital District 2.
The petition was not accompanied by a showing of interest as required by the Commission's rules. A deficiency notice was issued on July 17, 2013, pointing out that defect as well as the fact that it appeared the petitioner did not serve the incumbent union with a copy of the petition. The petitioner was given until July 31, 2013, to show good cause why the petition should not be dismissed. The petitioner did not respond by the specified date.
WAC 391-25-110 requires that a petitioner provide an adequate showing of interest before the Commission conducts a representation election. That rule states, in part:
WAC 391-25-110 Supporting evidence--Showing of Interest confidential. (1) 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. The showing of interest shall be furnished under the same timeliness standards applicable to the petition, and shall consist of original or legible copies of the individual authorization cards or letters signed and dated by employees in the bargaining unit claimed appropriate…
Service of a representation petition upon other parties is specifically required by WAC 391-25-050, which includes: “The party filing the petition shall serve a copy of the petition (excluding any showing of interest) on the employer and on each employee organization named in the petition as having an interest in the proceedings, as required by WAC 391-08-120(3) and (4).”
In this case, the petitioner did not supply a showing of interest by the specified deadline and did not provide an explanation regarding her failure to serve the incumbent union with a copy of the petition. The petition must be dismissed.
NOW, THEREFORE, it is
ORDERED
The petition for investigation of a question concerning representation filed in the above-captioned matter is DISMISSED.
ISSUED at Olympia, Washington, this 13th day of August, 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.