Chuck Foster, Washington School Directors' Association, appeared on behalf of the district.

G. P. Sessions, attorney at law, appeared on behalf of the union.

By petition filed February 15, 1979, Naches Valley School District (hereinafter "district") requested the Public Employment Relations Commission to clarify an existing bargaining unit of employees represented by Public School Employees of Washington (hereinafter "union") with respect to positions titled "federal programs director", "supervisor of custodians", "supervisor of food services", "maintenance supervisor", "secretary/receptionist" and "bookkeeper/secretary". A formal hearing was conducted before James N. Leibold, Hearing Officer, on November 14, 1979. The parties submitted post-hearing briefs.

POSITIONS OF THE PARTIES

The district argues that the "federal programs director", "supervisor of custodians", "supervisor of food services" and "maintenance supervisor" should be excluded from the existing bargaining unit because they exercise supervisory authority and share duties, skills and working conditions distinct from bargaining unit employees. The district further contends that the "secretary/receptionist" and "bookkeeper/secretary" should be excluded from the bargaining unit because their duties imply a confidential relationship with respect to the district's labor relations practices. The union does not dispute that the "federal programs director", "supervisor of custodians", "supervisor of food services" and "maintenance supervisor" exercise limited supervisory authority but argues that the disputed positions belong in the bargaining unit because the employees holding the positions share duties, skills and working conditions with bargaining unit employees. The union further contends that the "secretary/receptionist" and "bookkeeper/secretary" should be included in the existing bargaining unit because they are not "confidential" within the meaning of RCW 41.56.030(2).

DISCUSSION - SUPERVISOR ISSUES

Naches Valley School District operates four geographically separated school facilities; Naches Elementary School, Naches Primary School, Naches High School and Lower Naches School. The district's administrative staff consists of a superintendent, a business manager, and four building principals.

Public School Employees of Washington represents a bargaining unit described in the collective bargaining agreement in effect from September 1, 1977 through August 31, 1980 as all classified employees of Naches Valley School District except an administrative assistant and/or board clerk whose duties imply a confidential relationship to the school board and/or superintendent and bus supervisor. At the time of hearing there were approximately 80 classified employees in the bargaining unit.

As part of a general reorganization begun in the summer of 1978, Superintendent Richard Davison created the positions "supervisor of food services", "supervisor of custodians" and "maintenance supervisor". The district informed the union of the new positions, but the parties were unable to agree on unit inclusion or exclusion. The positions were filled unofficially in January, 1979, and permanent assignments came in September, 1979.

Federal Programs Director - Margaret Crossland

Margaret Crossland assumed her duties as the district's federal programs director in July, 1975. Of all the disputed supervisor positions, Crossland is the only affected employee who was not promoted from an existing bargaining unit position.

Crossland administers an annual budget in excess of $400,000 and is primarily responsible for evaluation of educational programs funded by federal grants. Crossland screens job applicants and assigns new employees to particular school facilities. Crossland evaluates 22 teachers' aides and participates in the supervision of 10 certificated employees who are primarily involved in programs established for the children of migrant workers. Crossland has exercised her authority to discharge an employee, and she participates in the first level of the district's grievance procedure. Crossland can effectively recommend hiring, discipline and discharge of employees and should be excluded from the bargaining unit.

Supervisor of Custodians - Gene Welch

Gene Welch assumed the position of "supervisor of custodians" in September, 1979. Prior to that time, Welch was employed by the district in a number of positions, including that of bus driver. Immediately before his appointment to a supervisory position, Welch served as a head custodian. When the district created the "supervisor of custodians" position, it eliminated the head custodian positions at Naches High School and Naches Primary School. Head custodians are still assigned to the Lower Naches School and the Naches Elementary School.

Welch is responsible for the general daily maintenance of the district's school facilities. He supervises seven full time employees and one part-time employee, and he is responsible for purchasing supplies needed by the custodial employees.

Welch recommends hiring, transfer, discipline and discharge of employees to Superintendent Davison, and there is no evidence to indicate that his recommendations have been rejected.

Supervisor of Food Services - Frances Kerns

Prior to assuming the position "supervisor of food services" in September, 1979, Frances Kerns was employed by the district as "head cook" in the Lower Naches School kitchen. Prior to the creation of the supervisor position, the district had two head cooks who were independently responsible for the operation of the two district kitchen facilities. Kerns has assumed the direction of both the kitchens. She is responsible for menu planning, work scheduling, purchasing and food preparation activities. Six employees report to Kerns; four from the Naches Primary School kitchen and two from the Lower Naches School kitchen. Kerns has authority to schedule work assignments and overtime, and she has made recommendations about hiring and discipline.

Maintenance Supervisor - Merle Brewer

Merle Brewer is responsible for groundskeeping activities as well as specific maintenance duties in the various school buildings. Brewer is primarily responsib         le for maintenance of 70 electric motors used for lighting and refrigeration, and performs a majority of needed repairs himself. Brewer also performs maintenance on the sprinkler systems at the various school buildings.

Although the record suggests that Brewer has authority to recommend hiring, discipline, work assignments and overtime scheduling in his capacity of maintenance supervisor, the number of employees supervised is limited to one year around employee and summer employees. The testimony indicates that the relationship with the year-around employee is a "training" situation. Further, the record is incomplete as to Brewer's authority before he assumed the disputed position.

There is some question of whether the "Federal Programs Director" position has ever been included in the bargaining unit, as there is no reference to that position in the wage appendix to the contract which lists covered titles. The record indicates that there has been a change of circumstances accompanying the promotions to "Supervisor of Custodians" and "Supervisor of Food Services". See: White Pass School District, Decision 573-A (PECB, 1979). Welch's responsibilities now include district-wide custodial services, and Kerns' responsibilities now include the district-wide entire food service program. Both have authority to make effective recommendations in the key supervisory areas of hiring, discipline and discharge of their subordinates. That authority gives rise to the potential for conflicts of interest within the bargaining unit. See: City of Richland, Decision 279-A (PECB, 1978). Although there is little question that all three of these positions are occupied by persons who are public employees within the meaning of RCW 41.56.030(2), it would be inappropriate to continue their inclusion in the same bargaining unit with those they supervise.

The same cannot be said for the "Supervisor of Maintenance". Absent a change of circumstances warranting a change of unit status of individuals or classifications, the unit status of those included in or excluded from an appropriate unit by agreement or by certification will not be disturbed. See City of Richland, supra. In situations where persons with some supervisory duties have been included in a bargaining unit by agreement, they will continue to be included in that unit absent a showing that a change of circumstances has occurred. See: City of Buckley, Decision 287-A (PECB, 1977); Camas School District, Decision 790 (PECB, 1980). The employer was the moving party in this case in terms of seeking to disturb the existing unit placement of the disputed employee, and it was incumbent on the employer to demonstrate that there has been something more here than a title change. Lacking evidence of a change of circumstances, and in view of the evidence of Brewer's continuing major assignments to unit work, it would be inappropriate to exclude Brewer from the existing bargaining unit.

DISCUSSION - CONFIDENTIAL ISSUES

The "confidential" positions at issue share certain characteristics. The employees holding the positions work in a small office facility which does not have full partitions between working areas. The affected employees share the office facility with Superintendent Davison and Business Manager Paula Thomas, and they do work for the superintendent or business manager interchangeably.

Secretary/Receptionist - Priscilla Rouleau

As a secretary in the district's central office, Priscilla Rouleau serves primarily as the superintendent's personal secretary. Superintendent Davison is primarily responsible for formulating the district's labor relations policies, and Rouleau is expected to prepare background materials used in collective bargaining negotiations. She also types bargaining proposals and all communications dealing with the grievance process at the Superintendent's level of participation. While she does not participate in the negotiation or grievance processes, Rouleau is in contact with the type of information needed to formulate labor relations policies and practices. Although the small office setting contributes to the access to confidential material, it is the nature of Rouleau's work that indicates that she is confidential within the meaning of RCW 41.56.030(2). Apart from work assigned by the superintendent, Rouleau substitutes for the business manager in emergencies and receives communications from the school board pertaining to labor relations policies. Because of her involvement in the daily administration of the district's labor relations practices, she is confidential and should be excluded from the existing bargaining unit. See Edmonds School District, Decision 231 (PECB, 1977).

Bookkeeper/Secretary - Elizabeth Muoth

Elizabeth Muoth is the district's bookkeeper and sometimes serves as a secretary when additional secretarial help is needed. Muoth has served as acting business manager, and she is aware of personnel policy changes before they are officially implemented. She performs her work in the small district office, and she is in close proximity to the superintendent and business manager during a normal work day. Because the district has a small administrative staff, it is reasonable to believe that the available secretaries are expected to perform a wide variety of different duties. Among these duties, the secretaries participate in the administration of the district's labor relations practices. While neither secretary spends a majority of time in labor relation matters, they regularly have access to the information used by the district to prepare for negotiations and adjust grievances.

FINDINGS OF FACT

1          Naches Valley School District is a "public employer" within the meaning of RCW 41.56.020 and RCW 41.56.030(1).

2.         Naches Valley Chapter, Public School Employees of Washington is a "labor organization" within the meaning of RCW 41.56.010 and a "bargaining representative" within the meaning of RCW 41.56.030(3).

3.         Naches Valley Chapter, Public School Employees of Washington has been recognized as the certified bargaining representative of all classified employees of Naches Valley School District except a board clerk/administrative assistant whose duties imply a confidential relationship with the school board, the superintendent, and bus supervisor. A dispute has arisen as to whether the federal programs director, supervisor of food services, supervisor of custodians, maintenance supervisor, secretary/receptionist and bookkeeper/secretary should be excluded from the existing bargaining unit.

4.         The federal programs director, supervisor of custodians, and food services supervisor have the authority to effectively recommend hiring discipline, transfer, assignment and discharge of employees and should be excluded from the existing bargaining unit.

5.         The maintenance supervisor spends a majority of his time performing or training other employees in the performance of bargaining unit work, and he shares a community of interests with bargaining unit employees.

6.         The secretary/receptionist and bookkeeper/secretary are in an intimate fiduciary relationship with the superintendent of schools in matters involving the employer's labor relations policies.

CONCLUSIONS OF LAW

1.         No question concerning representation presently exists in the bargaining unit described in paragraph 3 above, and the Public Employment Relations Commission has jurisdiction to issue an order in this matter.

2.         The federal programs director, supervisor of custodians, and supervisor of food services are public employees within the meaning of RCW 41.56.010 who have duties, skills and working conditions sufficiently disparate from and in conflict with the interests of employees subject to the authority so as to indicate that they should be excluded from the bargaining unit described in paragraph 3 of the foregoing findings of fact.

3.         The maintenance supervisor is a public employee within the meaning of RCW 41.56.010 who has duties, skills and working conditions similar to those of his co-workers and who is a lead worker recognized for his skill, competence and expertise; but whose community of interest remains with the employees within the bargaining unit described in paragraph 3 of the foregoing findings of fact.

4.         The secretary/receptionist and bookkeeper/secretary are confidential employees and are exempt from the coverage of RCW 41.56.

ORDER

IT IS ORDERED that the existing bargaining unit be clarified to exclude the positions federal programs director, supervisor of custodians, supervisor of food services, secretary/receptionist and bookkeeper/secretary.

DATED at Olympia, Washington, this 14TH day of October, 1980.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director