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STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the matter of the petition of:

 

TEAMSTERS UNION,LOCAL 5 8

CASE 11836-C-95-736

For clarification of an existingbargaining unit of employees of:

DECISION 5367-PECB

CITY OF KELSO

ORDER OF DISMISSAL

On June 12, 1995, Teamsters Local 58 filed a petition for clarification of an existing bargaining unit with the Public Employment Relations Commission, seeking inclusion of a "public works assistant" in a bargaining unit of City of Kelso office-clerical employees represented by the petitioner. The petition indicated the disputed position was then in a bargaining unit of operations and maintenance employees represented by the Washington State Council of County and City Employees(WSCCCE).

The WSCCCE submitted copies of past and current collective bargaining agreements between it and the City of Kelso, and it asserted that the position in question has been included in its department-wide bargaining unit. Indeed, both a contract for 1984 and the current contract include the position involved herein.

Docket information transferred to the Commission by the Department of Labor and Industries was reviewed.[1] Those records disclosed thattheWSCCCEobtainedvoluntaryrecognitionasexclusive bargaining representative of City of Kelso public works employees in 197O,[2] and that Teamsters Local 58 was certified as exclusive bargaining representative of City of Kelso office-clerical employees in 1975.[3]

In view of the foregoing, the Executive Director sent a letter to the parties on October 10, 1995, advising them that a reallocation of a position from one bargaining unit to another could not be accomplished by means of a unit clarification petition, absent a change of circumstances affecting the job classification involved. Cited as example were, Seattle School District, Decisions 4868 and 4869 (PECB, 1994); Puyallup School District, Decision 2738 (PECB, 1987); and Pasco School District, Decision 5016 (PECB, 1995). The parties were given a period of 14 days in which to provide documentation of changed circumstances, and were advised that the case would be dismissed in the absence of such information.

Nothing further has been heard or received from the parties. The Executive Director concludes further proceedings are not warranted.

NOW,THEREFORE,it is

ORDERED

The petition filed in the above matter is dismissed.

ISSUED at Olympia, Washington, the 17th day of November, 1995.

PUBLIC EMPLOYMENT RELATIONS' COMMISSION

[SIGNED]

MARVIN L.SCHURKE,Executive Director

This order will be the final order of the agency unless appealed by filing a petition for review with the Commission pursuant to WAC 391-35-210.

 



[1]          The Department of Labor and Industries administered Chapter 41. 56 RCW from its enactment in 1967 through 1975. Jurisdiction was transferred to the Public Employment Relations Commission effective January 1, 1976, and records concerning the administration of Chapter 41. 56 RCW were transferred to the Commission under RCW 41.58.801.

[2]          Case 0-614.

[3]          Case 0-1890.

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