King County has previously recognized Public Safety Employees Local #519, SEIU, AFL-CIO as the representative of its employees in the King County Department of Public Safety. That collective bargaining relationship exists pursuant to Chapter 41.56 RCW.

On September 14, 1977, Leon Grant filed a petition with the Public Employment Relations Commission seeking an amendment of the certification of representatives to exclude "supervisory personnel, including sergeants" from the bargaining unit of employees of the King County Department of Public Safety. In her letter covering transmittal of that petition to the Commission, the attorney for the petitioner stated: "I recognize that the enclosed petition does not come within the terms of your rules, which contemplate petitions for unit clarification only from an employer or an employees organization.". Copies of the petition and cover letter were served upon the Employer and the Union. On September 23, 1977, both the Employer and the Union responded in writing, both challenging the standing of the petitioner to seek a unit clarification under the rules of the Commission.

An administrative agency must operate within its adopted administrative rules, as well as within the statutes. Neither of the parties to the bargaining relationship involved have indicated any desire to join or support the position of the Petitioner in these proceedings. On the contrary, both the Employer and the Union make reference to a collective bargaining agreement currently in effect between them and satisfaction with the current unit description. Unit clarification proceedings under Chapter 41.56 RCW are conducted pursuant to WAC 391-20-151, which states:

"WAC 391-20-151 UNIT CLARIFICATION. Whenever a disagreement occurs on whether or not positions are to be included or excluded from the bargaining unit, the public employer or the bargaining representative may petition the commission to conduct a representation hearing to resolve the matter. In making this determination the commission shall be guided by the criteria set forth in RCW 41.56.030 and RCW 41.56.060." (Emphasis supplied).

The Petitioner herein clearly does not have standing to file a petition under that rule. An existing collective bargaining agreement could constitute a bar to raising a question concerning representation under RCW 41.56.070 and, in any case, the petition is insufficient to raise a question concerning representation by reason of the failure of the petitioner to support his petition with the requisite 30 percent showing of interest.

NOW, THEREFORE, it is

ORDERED

The petition filed in the above entitled matter shall be, and hereby is, dismissed.

DATED at Olympia, Washington this 29th day of September, 1977.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director