City of Yakima, Decision 10575 (PECB, 2009)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
Teamsters Local 760
For clarification of an existing bargaining unit of employees of:
City of Yakima
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CASE 22616-C-09-1410
DECISION 10575 - PECB
ORDER CLARIFYING BARGAINING UNIT
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Reid, Pedersen, McCarthy & Ballew, by Kenneth Pedersen, for the union.
City of Yakima, by James Mitchell, Assistant City Attorney, for the employer.
On July 29, 2009, Teamsters Local 760 (union) filed a unit clarification petition seeking to include a police captain employed by the City of Yakima (employer) in the existing bargaining unit of full-time and regular part-time supervisory uniformed personnel. Hearing Officer Charity Atchison conducted a pre-hearing conference on September 10, 2009. On October 2, 2009, the parties filed a stipulation with the Commission.
ISSUE
Should the Executive Director accept the parties’ stipulation to include the police captain in the bargaining unit because the captain no longer performs confidential labor relations functions?
The Executive Director accepts the parties’ stipulation and clarifies the bargaining unit to include the police captain position currently held by Jeff Schneider. The police captain does not perform confidential labor relations duties.
APPLICABLE LEGAL PRINCIPLES
The Commission applies a labor relations nexus test to determine the confidential status of employees to be included in or excluded from a bargaining unit. A confidential employee is an employee whose duties imply a confidential relationship flowing from an official intimate fiduciary relationship with the executive head of the bargaining unit or public official. International Association of Fire Fighters, Local 469 v. City of Yakima, 491 Wn.2d 101 (1978).
An employee is a confidential employee if he or she participates directly on the employer’s behalf either: (1) in the formulation of labor relations policy; or (2) in the preparation for or conduct of collective bargaining; or (3) in the administration of collective bargaining agreements. City of Lynden, 7527-B (PECB, 2002). Any relied upon labor relations responsibilities must be necessary, regular, and ongoing. City of Yakima, Decision 9983-A (PECB, 2008) (citing Yakima School District, Decision 7124-A (PECB, 2001).
ANALYSIS
In City of Yakima, Decision 9983-A (PECB, 2008), the Commission found the police captain position held by Schneider to be a confidential position. The Commission ruled that Schneider was the only captain who was a confidential employee under WAC 391-35-302. The parties stipulated that since that time the employer hired a deputy chief who performs the labor relations duties previously performed by Schneider and thus, the captain position is no longer confidential.
The Executive Director accepts the stipulation. In light of the fact that the position of deputy chief now performs the labor relations duties previously performed by Schneider, the police captain position is no longer confidential.
CONCLUSION
The police captain position is no longer confidential and should be included in the bargaining unit.
FINDINGS OF FACT
1. The City of Yakima is an employer within the meaning of RCW 41.56.030(1).
2. Teamsters Local 760 is a bargaining representative within the meaning of RCW 41.56.030(3).
3. The union is the exclusive bargaining representative of all full-time and regular part-time supervisory uniformed personnel of the City of Yakima Police Department, excluding confidential employees and all other employees.
4. The parties stipulated that the employer hired a deputy chief who now performs the labor relations duties previously performed by Jeff Schneider, thus the captain position is no longer confidential.
CONCLUSIONS OF LAW
1. The Public Employment Relations Commission has jurisdiction in this matter pursuant to Chapter 41.56 RCW and Chapter 391-35 WAC.
2. The Findings of Fact establish that the police captain position currently held by Jeff Schneider is no longer confidential and should be included in the bargaining unit described in Finding of Fact 3.
ORDER
The position of police captain shall be included in the bargaining unit.
ISSUED at Olympia, Washington, this 22nd day of October, 2009.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
CATHLEEN CALLAHAN, Executive Director
This order will be the final order of the
agency unless a Notice of Appeal is filed
with the Commission under WAC 391-35-210.