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STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the matter of the petition of:

 

DOROTHY WOODCOCK

CASE NO. 5959-C-85-297

for clarification of an existing bargaining unit of employees of:

DECISION NO.2347-PECB

CITY OF PASCO

ORDER OF DISMISSAL

Office and Professional Employees Union, Local 11, (AFL-CIO) has previously been certified as exclusive bargaining representative of a bargaining unit of full-time and regular part-time office and clerical employees of the City of Pasco, including those employed at the Pasco/Franklin County Senior Center. See: City of Pasco, Decision 2088 (PECB, 1984.

On August 28, 1985, Dorothy Woodcock filed a petition for clarification of existing bargaining unit with the Public Employment Relations Commission. The petitioner enclosed correspondence, most of which applies to other employees. The sole reference to the petitioner is found in following excerpt:

It seems the office personnel working at the City Hall and at the Court House have some differences with their superiors so several months ago they started organizing to become members of the union. A vote was held to determine if the majority of the employees of the City of Pasco were in favor of such a move. At that time permanent part-time employees were not included by the union so we did not get a chance to vote. However after the vote was shown to be favorable by a very narrow vote, we were suddenly included. At the time of the vote, here at the Senior Center there were two part-time employees, myself - Jean Shick and Dalice Snyder. Since that time Dorothy Woodcock has been hired as a part-time employee. Both Dalice and Dorothy work for Information & Assistance.

Accordingly, the petitioner seeks to have herself removed from the bargaining unit described above.

The description of a bargaining unit is a statement of the ongoing list of classifications or employee types which are to be grouped together for the purposes of collective bargaining. An employee hired subsequent to certification of an exclusive bargaining representative will acquire the right to participate in any subsequent representation election in the unit where he or she is employed, but otherwise takes the unit and certification as they are found on the first day of employment. Improper exclusion of an eligible voter or a class of eligible voters from an eligibility list could be cured by the individuals presenting themselves at the polls to cast challenged ballots or by post-election objections made by any party to the proceedings, but the time for doing so has long since passed.

Unit clarification proceedings are conducted before the Public Employment Relations Commission pursuant to Chapter 391-35 WAC. WAC 391-35-010 states:

WAC 391-35-010 PETITION FOR CLARIFICATION OF AN EXISTING BARGAINING UNIT - WHO MAY FILE. In the absence of a question concerning representation, a petition for clarification of an existing bargaining unit may be filed by the employer, the exclusive representative or their agents or by the parties jointly.

Neither the employer or the exclusive representative has indicated any desire to join or support the petitioner in these proceedings. The petitioner herein clearly does not have standing under the cited rule to file a petition.

NOW, THEREFORE, it is

ORDERED

The petition filed in the above-entitled matter is dismissed.

DATED at Olympia, Washington, this 9th day of December, 1985.

PUBLIC EMPLOYMENT/RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This Order may be appealed by filing a petition for review with the Commission pursuant to WAC 391-35-210.

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