DECISIONS

Western Washington University, Decision 10476 (PSRA, 2009)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

On June 1, 2009, Western Washington University (employer) filed petitions for clarification of  bargaining units with the Public Employment Relations Commission under Chapter 391-35 WAC.  The petitions concern employees represented by the Public School Employees of Washington. (union).  The petitions were reviewed under WAC 391-35-020, and a Show Cause Directive was issued on June 12, 2009.  The employer and union were given a period of 21 days to respond to the Show Cause Directive.  Neither party has replied.  The petitions are dismissed. 

DISCUSSION

The Show Cause Directive noted that the filings were not valid petitions for the clarification of bargaining units. The petitions raise a question concerning the inclusion of part-time employees in the bargaining units.  However, the Executive Director has previously issued orders clarifying those bargaining units.  Western Washington University, Decision 9989, 9990 (PSRA, 2008).  Those decisions held that employees who work more than 350 hours in any year are regular part-time employees within the meaning of WAC 391-35-356 and are included in the existing bargaining units represented by the union.  In its petitions, the employer states that the union now contends that “once an employee reaches 350 hours in a year that employee is in the bargaining unit no matter how many (or how few) hours that employee works in the future.”  The employer asks the Commission to determine the legal question of whether employees remain in the bargaining units if they work 350 hours in a year (a 12 month period), but then work less than 350 hours in the next year.

In interpreting Chapter 41.06 RCW, the Personnel Resources Board made it abundantly clear in WAC 357-04-045 that part-time civil service employees who work “more than 350 hours in any twelve month consecutive” may be included in an appropriate bargaining unit for the purposes of collective bargaining.  The Commission adhered to that principle in adopting WAC 391-35-356.  Therefore, consistent with the rules and agency practice, should a case come before this agency, this agency will look at the twelve month period immediately preceding the filing date if necessary to ascertain whether an employee is appropriately included in the bargaining unit based upon the number of hours worked.  Furthermore, in order to consider the validity of the current unit clarification petitions, the employer, union, or both, would need to present questions involving actual employees or positions.  Since that is not the situation here, the agency can neither proceed with the petitions nor issue deficiency notices, since there are no justiciable issues.

Absent an extraordinary request pursuant to RCW 35.05.240, the Commission does not issue advisory opinions.  Both Western Washington University and Public School Employees of Washington were DIRECTED TO SHOW CAUSE to the Executive Director why the Commission should consider the following issue: Whether employees who work more than 350 hours in a twelve month period, but who work less than 350 hours in a subsequent twelve month period, should remain in the bargaining units.

Neither the employer nor the union responded to the Show Cause Directive within the 21 day period provided.

NOW, THEREFORE, it is

ORDERED

The petitions for clarification of bargaining units filed in Cases 22500-C-09-1404 and 22501-C-09-1405 are DISMISSED.

ISSUED at Olympia, Washington, this  9th  day of July, 2009.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

DAVID I. GEDROSE, Unfair Labor Practice Manager

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.