THIS MATTER coming on before Willard G. Olson for the State of Washington Public Employment Relations Commission, the charging parties being represented by their attorney, Mr. Hugh Hafer, the respondent being represented by its attorney, Mr. Philip L. Carter, and the said examiner, having heard the witnesses, witnessed the evidence, briefs and exhibits filed herein, and being fully advised in the premises, now makes the following:

FINDINGS OF FACT

I

Local 674 on May 29, 1975 and Chapter No. 4 on June 20, 1975 filed charges against Respondent. Respondent has been charged with committing unfair labor practices by (l) refusing to engage in collective bargaining in violation of RCW 4l.56.l4O Sec. 4, and (2) by interfering with, restraining, or coercing their employees in the exercise of their rights guaranteed by statute in violation of RCW 4l.56.14O Sec. 1. In compliance with WAC 296-132-311 the Department of Labor and Industries did conduct an investigation and a Complaint and Notice of Hearing Was issued on August 6, 1975. The Employer's answer to the Complaint was received on August 20, 1975 and denied all allegations contained therein.

Findings and Conclusions -1

The Unfair Labor Practice Hearing set for September 5, 1975 was continued, at the request of all parties, to November 5, 1915.

By agreement of all parties these unfair labor practice proceedings were consolidated for hearing and decision. The entire record in representation cases 0-1774 (Local 674 and Respondent) and 0-1776 (Seattle Chapter 4 and Respondent) are, by stipulation, incorporated as record evidence in this consolidated proceeding.

II

EVERGREEN GENERAL HOSPITAL (KING COUNTY HOSPITAL DISTRICT NO. 2) is a "public employer" within the meaning of RCW 41.56.020 and RCW 41.56.030 (l).

III

PUBLIC SERVICE EMPLOYEES, LOCAL NO. 674 is a "Labor organization" within the meaning of RCW 4l.56.010, and is a "bargaining representative" within the meaning of RCW 41.56.030 (3).

IV

SEATTLE CHAPTER NO. 4, ECONOMIC COUNCIL OF HEALTH PROFESSIONALS is a "labor organization" within the meaning of RCW 4l.56.010, and is a "bargaining representative" within the meaning of RCW 41.56.030 (3).

V

Separate election petitions, seeking bargaining agent certifications in separate bargaining units were filed on September 24 and 25 by the Charging Parties. On December 2, 1974, a separate Certification of Representative was issued to each of the Charging Parties. The Certifications were based upon the fact that a majority of the employees had signed bargaining authorization cards which had been cross-checked for authenticity by the Department of Labor and Industries. Respondent did not at any stage of the proceedings offer any evidence challenging the validity of the authorization cards. During the course of the unfair labor practice hearing, Respondent affirmatively objected to efforts by counsel for the Charging Parties to obtain from Respondent specimen signatures of the unit employees and to offer the authorization cards into evidence. Respondent's position was sustained.

VI

Respondent appealed the decisions certifying the bargaining units. The Director of the Department of Labor and Industries sustained the certifications, except for one employee classification. This matter was reviewed and an amended certification was issued on June 10, 1975. Respondent thereafter sought review of the amended certification and such appeal was denied on July 17, 1975.

VII

The Charging Parties were certified as exclusive bargaining agents in the following bargaining units:

a. Local 674:

UNTT INCLUDED: All employees in the specific job classifications of the following departments: Food Service: Cafeteria Aide, Diet Aide, Cook I & II, Dishwasher, Diet Aide/Relief Cook. Housekeeping: Housekeeper, Lead Housekeeper, Groundskeeper. Central Services: Central Services Tech, Central Services Aide. Business Office: L & I Welfare Billing, Credit Assistant, Medicare Biller, Billings/ Collections Clerk, Payroll/Keypunch. Keypunch: Keypunch/Data Control. Switchboard: Lead PBX, PBX. Materials Management; Senior Storekeeper, Storekeeper, Clerk/Printer, Linen Aide. Unit Secretaries: Unit Secretaries, Medical Records: Medical Records Clerk. X-Ray: Radiology Secretary, Radiology Aide. Nursing Service-Non-R.N.: Nursing Service Secretary, Patient Call Dispatcher, Sterile Corridor Aide. Administration: Admitting Clerk, Admitting Clerk/Outpatient Department, Admitting Clerk/Unit Secretary, Medical Records Transcriptionist.

EXCLUDED: Registered Nurses, employees represented by the Operating . Engineers Loc. No. 286, the Accountant, the Internal Controls Assistant, the Medical Records Secretary (Accredited Medical Records Technician), and the Administrative Secretary. Also excluded shall be students who work less than twenty-four (24) hours per week.

b. Chapter No. 4:

UNIT: • INCLUDED: All full-time and regularly scheduled part-time employees in the following classifications; Medical Technologist, Radiologic Technologist, Operating Room Technician, Respiratory Therapist, Respiratory Therapy Technician, Medical Records Secretary (Accredited Medical Records Technician).

EXCLUDED: Supervisors, temporary or non-scheduled employees, students, and all other employees of the employer.

VIII

The Charging Parties made numerous requests for commencement of bargaining. The first such request was made on or about December k, 1974- On or about May 13, 1975 the Unions again requested negotiations meetings. The Respondent, in a letter of May 22, 1975 stated they felt they had no duty to bargain.

On July 22, 1975 the Department of Labor and Industries sent a letter to the Respondent offering them the opportunity to begin negotiating. That letter stated, that "If we have not received notification of meetings, or if we have received no reply by August 4, 1975, the Department will presume that the Hospital does not intend to engage in collective bargaining and will be required to proceed under authority of RCW 41.56.160." No reply was received from this communication.

IX

Respondent, in April, 1975, attempted unsuccessfully to obtain direct Court review and a "stay" of the proceedings then pending before the Department of Labor and Industries. Denying the stay the Court stated in part that "the possibility of Petitioner (Respondent-Employer) becoming involved in some negotiating meetings does not constitute a showing of injury which would warrant a 'stay' or other injunctive relief."

X

Before Court proceedings were initiated, Respondent's Commissioners met to determine the course of action which should be followed. During this meeting, Dr. Matthew Evoy, a Commissioner of Respondent, said: "the longer we stall the more change might happen in numbers of employees on the payroll." There is no mention of dissent by other Commissioners nor is there any evidence that Dr. Evoy's statement was ever disavowed by the other Commissioners even though Counsel for Respondent advised the Commissioners "that stalling might constitute an unfair labor practice and be illegal."

From the foregoing Findings of Fact the Public Employment Relations Commission makes the following

CONCLUSIONS OF LAW

I

The Public Employment Relations Commission has jurisdiction of the parties hereto pursuant to Chapter 41.56 RCW.

II

Local 674 and Chapter No, 4 have been properly designated and certified as exclusive bargaining representatives in the bargaining units set forth above and such units are appropriate for collective bargaining. Although obligated to do so, Respondent has failed and refused to engage in collective bargaining as required by the Act. Respondent's failure to engage in collective bargaining was part of an intentional effort to deny its employees rights which are guaranteed by the Act. Respondent's acts constitute interference, restraint and coercion of employee rights and in addition, constitute clear and flagrant violations of the law.

III

Respondent is estopped from challenging the status of Charging Parties as majority representatives in the bargaining units set forth above. DATED this 7th day of Hay, 1976.

State of Washington Public

Employment Relations Commission

[SIGNED]

Associate Chief Labor Mediator

THIS MATTER coming on before Willard G. Olson for the State of Washington public Employment Relations Commission, the Charging Parties being represented by their attorney, Mr. Hugh Hafer, the Respondent being represented by its attorney, Mr. Philip L. Carter, and the said examiner having heard the witnesses, read the evidence, briefs and exhibits filed herein, and having heretofore entered its Findings of Fact and Conclusions of Law and being fully advised in the premises, now, therefore, it is hereby

ORDERED, ADJUDGED MID DECREED AS FOLLOWS:

I

That Evergreen General Hospital (King County Hospital District No. 2) shall enter into good faith collective bargaining as defined by RCW 4l.56.O3O, Sec. 3 regarding wages, hours and working conditions with Local No. 674. and Seattle Chapter No. 4. The bargaining sessions must be held at a neutral place away from Hospital facilities. If needed, this Commission will make the conference room in the Department of Labor and Industries in Seattle, Washington, available to the parties.

Decision and Order 1

II

That the Employer shall reimburse the Charging Parties for attorney's fees in the amount of $150 0.00 each as a result of clear and flagrant violations of the Public Employees Collective Bargaining Laws of the State of Washington.

III

Respondent is further ordered to post in places reasonably calculated to come to the attention of its employees a notice in the form attached hereto and incorporated here by reference.

DATED this 7th day of May, 1976.

State of Washington Public

Employment Relations Commission

[SIGNED]

Associate Chief Labor Mediator