State – Fish and Wildlife, Decision 10649 (PSRA, 2010)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
WASHINGTON association of fish and wildlife professionals
Involving certain employees of:
STATE – fish and wildlife
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CASE 22953-C-10-1425
DECISION 10649 - PSRA
ORDER AMENDING
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Brad Garrett, Labor Negotiator, Office of Financial Management, for the employer.
Garrettson, Gallagher and Fenrich by Rhonda J. Fenrich, Attorney at Law, for the union.
On January 6, 2010, the Washington Association of Fish and Wildlife Professionals (WAFWP) filed a unit clarification petition seeking an amendment of a certification to change the description of its existing bargaining unit within the Washington State Department of Fish and Wildlife. The WAFWP seeks to accurately describe its bargaining unit due to a restructuring where it eliminated assignment of work by region. The unit was last modified on March 11, 2009, in Washington State Fish and Wildlife, Decision 10322 (PSRA, 2009) and described as:
All non-supervisory civil service employees of the Department of Fish and Wildlife:
In the Wildlife Program, all employees in the Biologist 1, Biologist 2, Biologist 3 and Biologist 4 classifications (except positions in the Wildlife Area Manager bargaining unit), all employees in the Farmer 1, Farmer 4 and Farmer 6 classifications, all Research Scientists and Fish and Wildlife Health Specialists on the Westside Research Team, and the Lands Agent in Region 4;
In the Habitat Program, all employees in the Biologist 1, Biologist 2, Biologist 3, and Biologist 4 classifications (except those in Environmental Restoration), all Environmental Specialists in Technical Services and in Region 3 and Region 4, and all Fish and Wildlife Research Scientists in the Science Division;
In the Fish Program, all employees in the Biologist 1, Biologist 2, Biologist 3, and Biologist 4 classifications in the Inland Section of the Management Division, and all Regional Biologists in the Inland Section of the Science Division, all employees in the Biologist 1, Biologist 2, Biologist 3, Biologist 4 classifications, all Scientific Technicians and all Information Technology Application Specialists in the Marine Resources Unit, including those in Region 4 and Region 6 of the Shellfish Section;
Excluding confidential employees, internal auditors, supervisors, non-supervisory Washington Management Service employees (on and after July 1, 2004), and employees included in any other bargaining unit.
ISSUE
Should the certification be amended to accurately describe the bargaining unit by deleting the reference to “Westside” Research Team after the employer’s elimination of work assignment by region?
The Executive Director accepts the stipulations made by the parties, and the certification is amended to accurately describe the existing bargaining unit after the agency’s restructuring by eliminating any reference to the “Westside” or “Eastside” region. Amending the unit description does not change the propriety of the existing bargaining unit or the representation status of any employees, but correctly depicts the existing bargaining unit represented by WAFWP.
APPLICABLE LEGAL PRINCIPLES
Amendment of a certification is addressed in WAC 391-35-085. Under this rule, it is appropriate to amend an existing certification to reflect changed circumstances, as long as the existing bargaining unit is not affected by the change and there is no question concerning representation.
ANALYSIS
The current unit description made reference to the “Westside” Research Team but did not mention the “Eastside” Research Team. The employer stipulates that employees doing the work of the “Eastside” Research Team have paid union dues since the unit was certified in August, 2005. The Washington State Department of Fish and Wildlife no longer uses a distinction of “Westside” and “Eastside” Research Teams and eliminated assignment of work by region. As a result of restructuring, the petition was filed to accurately describe the bargaining unit. The parties stipulated that the restructuring did not affect the working conditions, representation status, or reporting relationships of any Washington State Department of Fish and Wildlife bargaining unit and does not affect the working conditions, representation status, or reporting relationships of any bargaining unit members.
The current bargaining unit description refers to “Westside” Research Team. By amending the certification to delete that reference, the status quo is maintained. Amending the certification does not change the propriety of the existing bargaining unit and accurately describes the bargaining unit that is, and always has been, represented by WAFWP.
CONCLUSION
Nothing has come to the attention of the Commission staff or Executive Director that contradicts the propriety of the existing bargaining unit or calls into question amending the certification to accurately reflect the unit description.
FINDINGS OF FACT
1. The Washington State Department of Fish and Wildlife is a general government agency of the state of Washington within the meaning of RCW 41.80.005(1).
2. The Washington Association of Fish and Wildlife Professionals, an employee organization within the meaning of RCW 41.80.005(7), is the exclusive bargaining representative of a bargaining unit of employees that was last modified in State – Fish and Wildlife, Decision 10322 (PSRA, 2009).
3. The Washington State Department of Fish and Wildlife restructured and eliminated assignment of work by region.
4. The employer and union stipulated that the requested amendment to the existing certification reflects a change to the bargaining unit description and does not change the composition or propriety of the bargaining unit or the representation status of unit employees.
5. No other facts have been discovered or brought to the attention of the Executive Director that calls into question the propriety of the action requested by the parties.
CONCLUSIONS OF LAW
1. The Public Employment Relations Commission has jurisdiction in this matter under Chapter 41.80 and WAC 391-35-085.
2. The existing bargaining unit referred to in paragraph 2 of the Findings of Fact is amended to accurately describe the existing bargaining unit due to the recent restructuring and does not change the composition of the existing bargaining unit.
3. Under the circumstances described in the Findings of Fact, the bargaining unit continues to be an appropriate unit for the purposes of collective bargaining, within the meaning of RCW 41.80.070.
ORDERED
1. The description of the existing bargaining unit is amended to reflect changes after the restructuring of duties within the Washington State Department of Fish and Wildlife and is described as follows:
All non-supervisory civil service employees of the Department of Fish and Wildlife:
In the Wildlife Program, all employees in the Biologist 1, Biologist 2, Biologist 3 and Biologist 4 classifications (except positions in the Wildlife Area Manager bargaining unit), all employees in the Farmer 1, Farmer 4 and Farmer 6 classifications, all Research Scientists and Fish and Wildlife Health Specialists, and the Lands Agent in Region 4;
In the Habitat Program, all employees in the Biologist 1, Biologist 2, Biologist 3, and Biologist 4 classifications (except those in Environmental Restoration), all Environmental Specialists in Technical Services and in Region 3 and Region 4, and all Fish and Wildlife Research Scientists in the Science Division;
In the Fish Program, all employees in the Biologist 1, Biologist 2, Biologist 3, and Biologist 4 classifications in the Inland Section of the Management Division, and all Regional Biologists in the Inland Section of the Science Division, all employees in the Biologist 1, Biologist 2, Biologist 3, Biologist 4 classifications, all Scientific Technicians and all Information Technology Application Specialists in the Marine Resources Unit, including those in Region 4 and Region 6 of the Shellfish Section;
Excluding confidential employees, internal auditors, supervisors, non-supervisory Washington Management Service employees (on and after July 1, 2004), and all other employees.
2. The Washington Association of Fish and Wildlife Professionals has been, and shall continue to be, the exclusive bargaining representative of all employees in this bargaining unit.
Issued at Olympia, Washington, on this 1st day of February, 2010.
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.