Jim Dionne, Attorney at Law, appeared for the employer.

Edward A. Hemphill, Attorney at Law, appeared for the union.

Cape Flattery School District No. 401 filed a unit clarification petition with the Public Employment Relations Commission on February 23, 1981, seeking clarification of an existing bargaining unit. At issue is one clerical employee claimed by the employer to be a confidential employee within the meaning of RCW 41.56.030(2) (c). A hearing was held at Port Angeles, Washington on May 22, 1981, before Rex L. Lacy, Hearing Officer. Both parties filed post-hearing briefs.

BACKGROUND:

At the time of the hearing, the parties were operating under a multi-year collective bargaining agreement negotiated in 1979. Public School Employees (PSE) represents a district-wide bargaining unit of classified employees of Cape Flattery School District No. 401 ("District"), including secretarial/clerical employees. Excluded from that unit by agreement of the parties are the secretary to the superintendent of schools and the bookkeeper.

Susan Baker was first employed by the District in 1979 in a 3-hour per day position limited in scope to payroll processing. At that time, she worked directly for the superintendent. During February, 1980, her position was increased to 4 hours per day in order for her to work on revision of files for the superintendent.

Edward Heiser became superintendent of schools in July, 1980. Shortly after taking office, Heiser reviewed the duties of clerical employees in the administration office, and new job descriptions were created. Baker's position was increased to 8 hours per day and she was given responsibility to serve as secretary to the District's maintenance/transportation supervisor and as secretary to the District's school psychologist/special education coordinator. A new chain of command was also established, whereby Baker, as "payroll clerk/assistant bookkeeper", reports to and is supervised by the bookkeeper rather than by the superintendent.

Baker's new job description states:

PERFORMANCE RESPONSIBILITIES

1.                  Works with the time sheets, employee leave forms, substitute forms, compensation time sheets and keeps accurate records of such.

2.                  Keeps records of sick, emergency and family illness leave hours.

3.                  Keeps up-to-date and complies with various State, Federal and Local regulations to include the Public School Employees Union Contract.

4.                  Makes distributions of payroll warrants in a timely manner to include deposits of warrants pertaining to payroll deductions and fringe benefits.

5.                  Works cooperatively with the Educational Service District #114 and the Data Processing Center on the computerized payroll status records and printouts.

6.                  Attends seminars at the discretion of the Superintendent pertaining to area of work.

7.                  Understands and implements garnishments when necessary.

8.                  Completes reports as follows:

Social Security (OASI)  Unemployment

Labor and Industries      Ceta

S-275 and S-277 W/Holding

Student Funding            Retirement

9.                  Maintains and distributes current Benefit materials to employees.

10.              Works cooperatively and communicates with other central staff members.

11.              Assists in the annual budget preparation and regular budget control.

12.              Works cooperatively with other central staff in accepting additional duties during vacations and other periods of absence.

13.              Annually updates the District Descriptive Guide in time for the beginning of each new school year.

14.              Annually updates Teacher Handbooks in cooperation with building principals in time for the beginning of each new school year.

15.              Maintains an historical record of happenings in the district as documented by news clippings maintained in booklet form.

16.              Acts as secretary for the maintenance/transportation supervisor and the school psychologist/special education coordinator.

17.              Prepares various State and Federal forms required for transportation and special services.

18.              Keeps confidentiality when working with sensitive personnel matters.

19.              Performs such other duties as assigned by the Superintendent.

Contradicting the exhibit, the testimony indicates that Baker has not participated in the filing of S-275 and S-277 reports (the media by which school district salary and benefits data is reported to the Washington State Superintendent of Public Instruction for "compliance" determinations under Chapter 16, Laws of 1981), that the bookkeeper generallly takes over telephonic communications for the superintendent in the absence of the superintendent's secretary, that Baker's substitution for the superintendent's secretary at a school board meeting was limited to the public portion of the meeting and did not give her access to any executive session of the board at which labor relations policy is or would be discussed, that items 13 and 14 were tasks not being performed in the District prior to the increase of Baker's hours, and that for part of the time since Baker's increase in hours item 15 has been performed by a CETA employee in training.

The District's administrative office facilities are small. Superintendent Heiser and Baker work in separate rooms, each of which has a door, although the door to Baker's office (an inside room with no windows) is seldom closed. While Heiser testified of his felt need to "turn up the radio" to preserve secrecy when conversing in his office on a broad range of matters, Baker testified of her limited ability to overhear conversations and of her complete inability to do so if the door to Heiser's office is closed. A lockable, fireproof file cabinet containing personnel records is located in Heiser's office, and Baker has access to that cabinet. Some files pertaining to labor relations are kept in a separate drawer in the same cabinet, but Heiser testified that he carried materials he viewed as particularly sensitive (e.g. the case file for this proceeding) in his briefcase. The District's failure or reluctance to provide Heiser with some other lockable file storage is related to the $1,000.00 expense of another fireproof file.

DISCUSSION:

RCW 41.56.030(2)(c) provides for exclusion of those employees "whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit…". The Washington Supreme Court in I.A.F.F. v. City of Yakima, 91 Wn.2d 101 (1978) explained:

"…in order for an employee to come within the exception of RCW 41.56.030(2), the duties which imply the confidential relationship must flow from an official intimate fiduciary relationship with the executive head of the bargaining unit or public official. The nature of this close association must concern the official and policy responsibilities of the public officer or executive head of the bargaining unit, including the formulation of labor relations policy. General supervisory responsibility is insufficient to place an employee within the exclusion."

The small size of the administration office and staff affords an opportunity for an intimate working relationship. However, such factors, by themselves, are not sufficient evidence to justify exclusion of a clerical employee as confidential. In superficially similar situations, Pe Ell School District No. 301, Decision 1068-A (PECB, 1981) and San Juan School District No. 143, Decison 1321 (PECB, 1982), the disputed employees worked in small office settings as part of small administrative staffs, but determination of the confidentiality issue was made on the basis of their duties as clerical employees. In Pe Ell and in San Juan, the disputed employees routinely received, typed and processed letters and other documents dealing with the employer's labor relations policies, collective bargaining proposals, and personnel practices. Both employees reported directly to district superintendents, who were responsible for labor relations matters. In Pe Ell, the disputed employee also relayed labor relations information between the superintendent and school board.

Examination of Susan Baker's duties reveals that she does not perform duties which would require exclusion on the basis of confidentiality. Baker does not type or otherwise process documents relating to the district's labor relations policies, nor is she required to prepare notes or proposals used in collective bargaining. Baker does not report directly to the district superintendent, and while she works in a small office setting, the employer has not proven that Baker necessarily deals with labor relations matters as part of her regularly assigned duties. The employer indicates a desire to use Baker in some unspecified capacity in future negotiations, but the availability of the superintendent's secretary and the bookkeeper, both of whom are excluded by agreement of the parties as "confidential" employees, undermines the employer's claim that additional clerical personnel are necessary to deal with labor relations matters. Such assignments would distort rather than conform to existing work flow.

Baker occassionally fills in when the superintendent's secretary or the bookkeeper is absent. However, the employer has not shown that Baker is required to deal with labor relations matters while temporarily working in either of the clerical positions. Given the nature of Baker's actual duties as a clerical employee, exclusion of her position on the basis of confidentiality is not appropriate.

FINDINGS OF FACT

1.                  Cape Flattery School District No. 401 is a public employer within the meaning of RCW 41.56.030(2).

2.                  Public School Employees of Washington is a bargaining representative within the meaning of RCW 41.56.030(3) and is the recognized exclusive bargaining representative of classified employees of the district, including secretarial-clerical employees.

3.                  The district employs three clerical employees in its administrative office. The secretary to the superintendent of schools and the bookkeeper are excluded from the bargaining unit by agreement of the parties. A dispute has arisen as to the exclusion of Susan Baker, payroll clerk/assistant bookkeeper, from the bargaining unit.

4.                  Susan Baker performs a variety of clerical and bookkeeping duties in the employer's administrative office. In 1980, her position was increased from four hours per day to eight hours per day simultaneous with assignment to her of duties as secretary to the district's maintenance/transportation supervisor and as secretary to the district's school psychologist. At the same time, reporting relationships were changed so that a direct reporting relationship between Baker and the superintendent of schools was eliminated and Baker has subsequently reported to the district's bookkeeper. Baker has no authority to enter files containing confidential information concerning the labor relations policies of the employer.

CONCLUSIONS OF LAW

1.                  No question concerning representation presently exists, and the Public Employment Relations Commission has jurisdicition in this matter pursuant to RCW 41.56.

2.                  Susan Baker, the payroll clerk/assistant bookkeeper, is a public employee within the meaning of RCW 41.56.030(2) and is not a confidential employee excluded from the coverage of the Act by RCW 41.56.030(2)(c).

ORDER

The position of payroll clerk/assistant bookkeeper, presently occupied by Susan Baker, shall continue to be included in the bargaining unit.

DATED at Olympia, Washington this 22nd day of February, 1982.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director