Prosser Memorial Hospital, Decision 12485 (PECB, 2015)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
International Association of FireFighters, Local I-24
Involving certain employees of:
Prosser Memorial hospital
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CASE 127562-E-15
DECISION 12485 - PECB
DECISION OF COMMISSION
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Ricky J. Walsh, IAFF 7th District VP for the International Association of Fire Fighters, Local I-24.
Rocky L. Jackson, Attorney at Law, Menke Jackson Beyer, LLP, for the Prosser Memorial Hospital.
On August 25, 2015, the International Association of Fire Fighters, Local I-24 (union) filed a petition to represent certain employees at Prosser Memorial Hospital (employer). The employer and union disagree as to whether the petitioned-for employees are uniformed personnel under RCW 41.56.030(13)(h). Following an investigation conference, Executive Director Michael P. Sellars suspended processing of the case pending the outcome of the employer’s appeal of a Department of Retirement Systems (DRS) decision. The DRS decision on whether the employees were members of the Law Enforcement Officers and Fire Fighters (LEOFF) retirement plan directly impacts whether the employees are uniformed personnel under RCW 41.56.030(13)(h). On October 29, 2015, the Executive Director notified the parties of his decision. On November 17, 2015, the union filed a motion for discretionary review “pursuant to WAC 391-25-660.”
WAC 391-25-660 applies to Executive Director decisions issued under WAC 391-25-390. The Executive Director’s October 29, 2015 letter was an interlocutory decision, not an appealable order under WAC 391-25-660. Interlocutory decisions are appealable under WAC 391-25-390(4).
Review of an interlocutory decision of the Executive Director must be filed “within seven days after the decision is issued.” WAC 391-25-390(4). The Executive Director issued his letter on October 29, 2015. The union filed its appeal on November 17, 2015. The union’s appeal was not filed within seven days of the Executive Director’s decision and is dismissed as untimely.
NOW, THEREFORE, it is
ORDERED
The motion for review is DENIED.
ISSUED at Olympia, Washington, this 24th day of November, 2015.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
THOMAS W. McLANE, Commissioner
MARK E. BRENNAN, Commissioner