Hockinson School District, Decision 11876 (PECB, 2013)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
hockinson educational support personnel association / WEa
For clarification of an existing bargaining unit of employees of:
hockinson school district |
CASE 25495-C-13-1537
DECISION 11876 - PECB
ORDER CLARIFYING BARGAINING UNIT
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Hockinson Educational Support Personnel Association, by Eric Hansen, Attorney at Law, for the union.
Vandeberg, Johnson & Gandara, LLP, by William Coats, Attorney at Law, for the employer.
The Hockinson Educational Support Personnel Association (union) represents a bargaining unit of all full-time and regular part-time classified employees of the Hockinson School District (employer). Article I, Section 1.2 of the current collective bargaining agreement describes the bargaining unit as all full-time and regular part-time employees in the following job classifications: “[s]ecretarial, clerical, custodial, aides, technology facilitators, technology support, media support and maintenance, excluding confidential employees, custodial and maintenance supervisors, network coordinators, and ESD 112 cooperative employees.”
On February 25, 2013, the union filed a unit clarification petition under Chapter 391-35 WAC requesting that the newly created positions of Grounds and Maintenance Coordinator, Facilities Coordinator, and Dean of Students be included in the bargaining unit. Page Garcia was assigned as the Hearing Officer in this matter.
On April 25, 2013, the Hearing Officer conducted a prehearing conference to determine if the parties would stipulate to certain matters and resolve issues precluding the need for a hearing. The parties stipulated at that time that the position of Dean of Students had not been filled. A hearing was scheduled for July 12, 2013. In late June, 2013, the parties advised the Hearing Officer that they were working toward an agreement regarding the disputed positions and the hearing was postponed pending the parties’ negotiations.
On August 16, 2013, the parties submitted the following stipulations to the Hearing Officer:
The duties of the position of Grounds and Maintenance Coordinator are not confidential or supervisory. Accordingly, the position should be included in the bargaining unit represented by the Hockinson Educational Support Personnel Association (HESPA).
The Facilities Coordinator position is both confidential and supervisory. The confidential duties include participation on the management bargaining team and membership in the Superintendent’s “cabinet.” Members of the cabinet discuss confidential labor issues on a regular basis. Individuals in this position also evaluate and discipline employees. Therefore, this position should be excluded from the bargaining unit represented by HESPA.
The position of Dean of Students no longer exists.
DISCUSSION
Applicable Legal Standard
The determination and modification of bargaining units is a function delegated to the Commission by the Legislature. RCW 41.56.060. Ronald Wastewater District, Decision 9874-C (PECB, 2009). 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). The Commission later codified the labor nexus test in WAC 391-35-320 as follows:
Confidential employees excluded from all collective bargaining rights shall be limited to:
(1) Any person who participates directly on behalf of an employer in the formulation of labor relations policy, the preparation for or conduct of collective bargaining, or the administration of collective bargaining agreements, except that the role of such person is not merely routine or clerical in nature but calls for consistent exercise of independent judgment; and
(2) Any person who assists and acts in a confidential capacity to such person.
The test for confidential exclusions is based on the actual labor nexus duties and responsibilities at the present time. City of Redmond, Decision 7814-B (PECB, 2003), citing Kennewick School District, Decision 6957 (PECB, 2000). Because confidential status deprives an employee of all collective bargaining rights, the party seeking a confidential employee designation bears a heavy burden of proof. Central Kitsap Fire and Rescue, Decision 10573-A (PECB, 2010), citing City of Redmond, Decision 7814-B.
The exclusion of supervisors from the bargaining units of their subordinates is presumed appropriate when they exercise authority on behalf of the employer over rank-and-file subordinates, and such exclusion avoids a potential for conflicts of interest. WAC 391-35-340. The determination of whether an employee possesses sufficient authority to be excluded from a rank-and-file bargaining unit as a supervisor is made by examining the actual duties and authority exercised by that individual, not on the basis of his or her title or job description. Rosalia School District, Decision 11523 (PECB, 2012).
ANALYSIS
The parties stipulated that the Grounds and Maintenance Coordinator position is neither confidential nor supervisory. Accordingly, that position will be placed in the existing bargaining unit as it comports to the current bargaining unit description.
The parties stipulated that the Facilities Coordinator position participates on the management team for the purposes of negotiating the parties’ collective bargaining agreement. In addition, their stipulation indicates that as a member of the Superintendent’s “cabinet,” the Facilities Coordinator discusses confidential labor issues on a regular basis. Based on the parties’ stipulations, the Facilities Coordinator position is similar to the Payroll Accountant position in Seattle Housing Authority, Decision 11108 (PECB, 2011). In that case, a position was excluded from the bargaining unit based on the position’s assistance in a confidential capacity in preparing information for collective bargaining and administering collective bargaining agreements. Id. Because the position in this case is confidential under WAC 391-35-320 and thereby excluded from all bargaining rights under Chapter 41.56 RCW, an analysis of its exclusion as “supervisory” is unwarranted at this time.
FINDINGS OF FACT
1. Hockinson School District is a public employer within the meaning of RCW 41.56.030(12).
2. The Hockinson Educational Support Personnel Association is a bargaining representative within the meaning of RCW 41.56.030(2).
3. The Hockinson Educational Support Personnel Association represents a bargaining unit of all full-time and regular part-time employees in the positions of: “[s]ecretarial, clerical, custodial, aides, technology, facilitators, technology support, media support and maintenance, excluding confidential employees, custodial and maintenance supervisors, network coordinators, and ESD 112 cooperative employees.”
4. The parties stipulated that the Grounds and Maintenance Coordinator position is not supervisory or confidential and should be included in the bargaining unit represented by the Hockinson Educational Support Personnel Association.
5. The parties stipulated that the Facilities Coordinator position is both confidential and supervisory. The confidential duties include participation on the management bargaining team and membership in the Superintendent’s “cabinet.” Members of the cabinet discuss confidential labor issues on a regular basis. Individuals in this position also evaluate and discipline employees.
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. Finding of Fact 4 establishes that the Grounds and Maintenance Coordinator is not confidential or supervisory under WAC 391-35-320 or RCW 41.59.020, respectively.
3. Finding of Fact 5 establishes that the Facilities Coordinator is confidential within the meaning of WAC 391-35-320.
ORDER
1. The position of Grounds and Maintenance Coordinator shall be included in the Hockinson Educational Support Personnel Association bargaining unit.
2. The position of Facilities Coordinator shall be excluded from the Hockinson Educational Support Personnel Association based on confidential status.
ISSUED at Olympia, Washington, this 19th day of September, 2013.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MICHAEL P. SELLARS, 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.