Randy Bohannon, Negotiations Specialist, appearing on behalf of the employer.

John Peterson, Field Representative, appearing on behalf of the union.

Public School Employees of Tahoma, hereinafter the union, filed a petition on October 29, 1980, wherein it requested a ruling from the Commission with respect to whether a newly created position of "Business Office Clerk" should be included in or excluded from the bargaining unit represented by the union. A hearing was held December 17, 1980, before Ronald L. Meeker, Hearing Officer. Briefs were not filed.

POSITION OF THE PARTIES:

The employer contends the position of Business Office Clerk should be excluded from the bargaining unit as an administrative position with a confidential relationship under RCW 41.56.030(2)(c).

The union contends the Business Office Clerk is a public employee and does not qualify as an exception under RCW 41.56.030(2)(c).

STATUTORY PROVISIONS

"RCW 41.56.030 Definitions. As used in this chapter:

(2) 'Public employee' means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer."

BACKGROUND:

The district and the union have had a collective bargaining relationship for several years and have a current collective bargaining agreement. The unit covered includes:

All classified employees performing duties in the Secretarial-Clerical, Teacher Aide, Food Service, Transportation and Custodial-Maintenance general job classifications; provided however, that the Secretary to the Superintendent (1), Secretary to the Personnel Director (1), Accounts Technician (1), Transportation Dispatcher (1), and Supervisors of Transportation, Custodians and Food Service shall be excluded.

Not specified in the labor agreement but also excluded from the bargaining unit are the Superintendent, Administrative Assistant and the Personnel Supervisor.

DISCUSSION:

In May of 1980, the district advertised for an Administrative Secretary and a Business Office Clerk. The position of Business Office Clerk was again advertised in July of 1980. At this time, according to the uncontroverted testimony of Violet Phillips, Personnel Supervisor, the district was not successful in recruiting a candidate for Business Office Clerk because of the requirement to work nights as recording secretary to the Board of Directors. Phillips further testified it was at this time that Karen Andrees, who was then Secretary to the Superintendent, volunteered to move to the position of Business Office Clerk and serve as Recording Secretary to the Board of Directors. This move was approved by the district. Documentation accepted into evidence outlines the duties of the position as follows:

BUSINESS OFFICE CLERK

Duties:

1.                  Acts as recording secretary to the Board of Directors. Takes and transcribes minutes of regular and special board meetings, including executive session minutes for confidential records.

2.                  Plans organizes and controls the overall activities of electronic data process, including systems analysis, programming and computer operation activities as related to district business operations including personnel information and budget facts.

3.                  Assists business manager and account technician in the operation of the business office and in financial matters of the district.

4.                  Receives and computes all payroll information, making deductions for income tax, retirement, health and medical insurance, etc.

5.                  Works with the business manager in generating bid specifications and bid awards.

6.                  Acts as personal secretary to the business manager.

7.                  Assists with the school district budget process, develops graphics for presentation to the Board, public and administration.

Phillips further testified the Business Office Clerk was the confidential secretary to the Business Manager. With the addition of the duties as the recording secretary to the Board of Directors, the title of the Business Office Clerk position was changed to Recording Secretary/Assistant Account-Computer Clerk.

The Business Manager is described in undisputed testimony as an intergral part of the employer's administration with respect to the collective bargaining of economic matters. A confidential secretary to an excluded confidential position such as Business Manager may also be excluded. See: Edmonds School District No. 15, Decision No. 231 (PECB, 1977). This position has the additional responsibility of being the Recording Secretary to the Board of Directors, which is the elected body charged with the ultimate responsibility of operating the school district. Information gained from the executive sessions of the Board, especially as it determines labor policy and gives instructions to the district's negotiator, would be most harmful to the collective bargaining process if disclosed to the union. City of Yakima, 91 Wn.2d. 101 (1978). The position is clearly confidential within the meaning of RCW 41.56.030(2)(c) and should be excluded from the bargaining unit.

FINDINGS OF FACT

1. Tahoma School District No. 409 is a public employer within the meaning of RCW 41.56.030(1).

2. Public School employees of Tahoma is a bargaining representative within the meaning of RCW 41.56.030(3) and is certified as the exclusive bargaining representative of employees in the Tahoma School District in a bargaining unit consisting of:

All classified employees performing duties in the Secretarial-Clerical, Teacher Aide, Food Service, Transportation and Custodial-Maintenance general job classifications; provided however, that the Secretary to the Superintendent (1), Secretary to the Personnel Director (1), Accounts Technician (1), Transportation Dispatcher (1), and Supervisors of Transportation, Custodians and Food Service shall be excluded pursuant to Section 1.2 above.

3. The Recording Secretary/Assistant Account-Computer Clerk occupies a position of confidential relationship with the Business Manager and with the Board of Directors of the district on matters of labor relations policy, and is a secretary whose duties imply a confidential relationship to the executive head or body of the applicable bargaining unit or to persons elected by popular vote.

CONCLUSIONS OF LAM

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

2. The Recording Secretary/Assistant Account-Computer Clerk is a "confidential employee "excluded from coverage of the Act by RCW 41.56.030(2)(c).

ORDER

The bargaining unit described in Findings of Facts No. 2 above is clarified to exclude the Recording Secretary/Assistant Account-Computer Clerk.

DATED at Olympia, Washington this 31st day of March, 1981.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director