State – Language Access Providers, Decision 10871-C (PECB, 2015)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
Interpreters united – Washington Federation of STate Employees
Involving certain employees of:
State – Language access Providers
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CASE 23334-E-10-3570
DECISION 10871-C - PECB
FINAL CERTIFICATION
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In 2010 the Legislature granted collective bargaining rights to independent contractors providing “spoken language interpreter services for department of social and health services appointments or medicaid enrollee appointments . . . .” RCW 41.56.030(10)(a). The statute designated the Governor (employer) as the public employer and language access providers (interpreters) as public employees for purposes of collective bargaining on limited topics. RCW 41.56.510.
On July 2, 2010, the Washington Federation of State Employees (union) filed a petition seeking to be certified as the exclusive bargaining representative of a bargaining unit of language access providers. The employer and union agreed on an original bargaining unit description that mirrored the statutory language. However, the parties disagreed on the eligibility of certain interpreters, including four interpreters who provide services in a legal setting. The eligibility challenges were reserved until after the tally of ballots. The results of the election demonstrated the employees were in favor of being represented by the union and an interim certification was issued. State – Language Access Providers, Decision 10871 (PECB, 2010).
The Executive Director ruled that the four interpreters providing services in a legal setting should be included in the bargaining unit. State – Language Access Providers, Decision 10871-A (PECB, 2011). The employer appealed that decision to the Commission and the Commission affirmed. State – Language Access Providers, Decision 10871-B (PECB, 2012).
The employer appealed that decision to the Superior Court and the Superior Court reversed and held that the four interpreters providing services in a legal setting should not be included in the bargaining unit. The union did not appeal that decision.
Because the Superior Court’s order modified the scope of the bargaining unit after the Commission’s order, a supplemental order is required to capture the modification.
NOW, THEREFORE it is
ORDERED
The bargaining unit described in State – Language Access Providers, Decision 10871, is modified as follows:
All language access providers who are persons defined as any independent contractor who provides spoken language interpreter services for Department of Social and Health Services appointments or Medicaid enrollee appointments, or provided these services on or after January 1, 2009, and before June 10, 2010, whether paid by a broker, language access agency, or the Department of Social and Health Services, excluding those interpreters who provide services in a legal setting.
ISSUED at Olympia, Washington, this 2nd day of July, 2015.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MICHAEL P. SELLARS, Executive Director