University of Washington, Decision 11139-A (PECB, 2012)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
international union, united automobile, aerospace and agricultural implement workers of america, local 4121
For clarification of an existing bargaining unit of employees of:
university of washington
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CASE 22639-C-09-1411
DECISION 11139-A - PECB
DECISION OF COMMISSION
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Douglas Drachler McKee & Gilbrough, LLP, by Paul Drachler, Attorney at Law, for the union.
Davis Wright Tremaine, LLP, by Henry E. Farber, Special Assistant Attorney General, for the employer.
On August 12, 2009, the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 4121 (union) filed a unit clarification petition to include the legal writing fellow and legal research assistant positions in the existing bargaining unit of student employees. The Executive Director found that the only appropriate unit for the petitioned-for student employees was the existing bargaining unit, that the petitioned-for positions met the statutory criteria of RCW 41.56.203, and clarified the bargaining unit to include the petitioned-for employees. The University of Washington (employer) appealed the Executive Director’s decision.[1]
On appeal, the employer argued that the petition is untimely and that the order is inconsistent with precedent and the statutory scheme. The employer argued that the petition must meet the timeliness standard in WAC 391-35-020(1) and (2) and the result of the order must meet the standard in WAC 391-35-020(3) through (6). The union argued that this agency has reviewed clarification petitions for timeliness under WAC 391-35-020(3) and (4). We agree with the union and affirm the Executive Director. WAC 391-35-020(4)(b) allows this agency to clarify bargaining units at any time “where the existing bargaining unit is the only appropriate unit for the employees or positions.”
After reviewing the record, the statutes, and the rules, and considering the parties’ arguments on appeal, we find that the law and substantial evidence support the Executive Director’s ruling.
NOW, THEREFORE, it is
ORDERED
The Findings of Fact, Conclusions of Law, and Order of Executive Director Cathleen Callahan are AFFIRMED.
ISSUED at Olympia, Washington, this 26th day of April, 2012.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
PAMELA G. BRADBURN, Commissioner
THOMAS W. McLANE, Commissioner