City of Pasco, Decision 12212-A (PECB, 2015)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
|
In the matter of the petition of:
Pasco Police Sergeants
Involving certain employees of:
City of pasco
|
CASE 25985-E-13-3819
DECISION 12212-A - PECB
DECISION OF COMMISSION
|
Telquist Ziobro McMillen Clare, by John S. Ziobro and Nicholas A. Ashjian, Attorneys at Law, for the Pasco Police Sergeants.
The Wesley Group, by Kevin Wesley, Labor Relations Consultant, for the City of Pasco.
Emmal Skalbania & Vinnedge, PSC, by Patrick Emmal, Attorney at Law, for the Pasco Police Officers Association.
The Pasco Police Sergeants (Sergeants) filed a petition to sever uniformed employees in the rank of sergeant from the non-supervisory uniformed bargaining unit represented by the Pasco Police Officers Association (Association). After a hearing, the Executive Director concluded that severance was not appropriate because the sergeants are not supervisors and no change of circumstances has occurred which would alter the community of interest.[1] The Sergeants filed a timely appeal.
LEGAL PRINCIPLES
The Commission reviews conclusions and applications of law, as well as interpretations of statutes, de novo. We review findings of fact to determine if they are supported by substantial evidence and, if so, whether those findings in turn support the Executive Director’s conclusions of law. C-Tran (Amalgamated Transit Union, Local 757), Decision 7087-B (PECB, 2002). Substantial evidence exists if the record contains evidence of sufficient quantity to persuade a fair-minded, rational person of the truth of the declared premise. C-Tran (Amalgamated Transit Union, Local 757), Decision 7087-B.
The Executive Director stated the correct legal standard. Substantial evidence supports the Executive Director’s findings of fact, those findings of fact support the conclusions of law. We agree that the sergeants are not supervisors and severance is not appropriate in this case. We affirm the Executive Director.
NOW, THEREFORE, it is
ORDERED
The Findings of Fact, Conclusions of Law, and Order issued by Executive Director Michael P. Sellars are AFFIRMED and adopted as the Findings of Fact, Conclusions of Law, and Order of the Commission.
ISSUED at Olympia, Washington, this 5th day of June, 2015.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
THOMAS W. McLANE, Commissioner
MARK E. BRENNAN, Commissioner