Olympia School District, Decision 12347 (PECB, 2015)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
MARY GIBBONS
Involving certain employees of:
OLYMPIA SCHOOL DISTRICT
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CASE 27184-E-15-3937
DECISION 12347 - PECB
ORDER OF DISMISSAL
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On April 27, 2015, Mary Gibbons filed a petition to decertify the Washington Education Association/Olympia Technical Professional Administrative Association (Association) as the exclusive bargaining representative for certain employees of the Olympia School District (employer). The current collective bargaining agreement between the employer and the Association indicates it is valid from September 1, 2013, through August 31, 2015. Because the petition is untimely under RCW 41.56.070 it must be dismissed.
DISCUSSION
The implementation of the right of public employees to join and be represented by labor organizations is the intent and purpose of the Public Employees’ Collective Bargaining Act, Chapter 41.56 RCW. Nucleonics Alliance, Local Union No. 1-369, Oil, Chemical and Atomic Workers Intern. Union, AFL-CIO v. Washington Public Power Supply System, 101 Wn.2d 24 (1984); RCW 41.56.010. To effectuate these rights, this agency has the authority to conduct representation elections to determine if a group of employees wish to be represented by a labor organization for purposes of collective bargaining with their employer. RCW 41.56.070.
If the employees in an established bargaining unit desire to change or remove their existing bargaining representative, a petition must be filed within the period “not more than ninety nor less than sixty days prior to the expiration date of the [current] agreement.” Id. This period is also known as the window period. See, e.g., University of Washington, Decision 10371 (PSRA, 2009). Any petition filed outside of that period shall be dismissed as untimely. Id.
In this case the current collective bargaining agreement between the employer and the Association expires on August 31, 2015. The window period opens on June 3, 2015, and closes on July 2, 2015. Accordingly, Gibbons’ petition is premature and must be dismissed.
NOW, THEREFORE it is
ORDERED
The representation petition filed in the above-captioned matter is DISMISSED.
ISSUED at Olympia, Washington, this 29th day of May, 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.