White Salmon Valley School District, Decision 12142 (PECB, 2014)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the joint petition of:
WHITE SALMON VALLEY SCHOOL DISTRICT
and
PUBLIC SCHOOL EMPLOYEES OF WASHINGTON
For clarification of an existing bargaining unit.
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CASE 26597-C-14-1598
DECISION 12142 - PECB
ORDER MERGING
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Indra Burcella, Business Representative, for the union.
Jerry Lewis, Superintendent, for the employer.
Public School Employees of Washington (union) represents two bargaining units of employees at the White Salmon Valley School District (employer). The first bargaining unit, which was certified by this agency, consists of all of the classified employees in the school district including those employees in the transportation, maintenance, grounds, secretaries, para-educators, and technology general job classification. White Salmon School District, Decision 9444 (PECB, 2006). The only general job classifications that are not included in the bargaining unit are the employees in the custodial, food service, and extracurricular job classifications. The second bargaining unit, which was established through voluntary recognition, consists of the employees in the custodial and food service job classifications. The extracurricular employees are not currently represented.
On July 16, 2014, the union and employer jointly filed a unit clarification petition asking that the union’s two bargaining units be merged. The petition was accompanied by an affidavit indicating that the union provided notice to the employees in both bargaining units regarding the proposed merger. The affidavit also indicated that a majority of employees in both bargaining units voted in favor of the merger.
The only issue presented is whether the parties’ agreement to merge the two existing bargaining units into a single bargaining unit should be accepted. The parties’ agreement to merge the two bargaining units is accepted. The resulting bargaining unit constitutes an appropriate bargaining unit of almost all of the employer’s classified employees. The union provided employees with the proper notice and opportunity to vote as to satisfy due process.
DISCUSSION
The determination of appropriate bargaining units is a function delegated to this agency by the Legislature. City of Richland, Decision 279-A (PECB, 1978), aff’d, IAFF Local 1052 v. PERC, 29 Wn. App. 599 (1981), review denied, 96 Wn.2d 1004 (1981). The goal in making bargaining unit determinations under Chapter 41.56 RCW is to group together employees who have sufficient similarities (community of interest) to indicate that they will be able to bargain effectively with their employer. Quincy School District, Decision 3962-A (PECB, 1993). When making bargaining unit determinations, the Commission seeks to avoid fragmentation and potential work jurisdiction disputes. King County, Decision 6696 (PECB, 1999).
Because the parties are in agreement regarding the merger of the bargaining units, it is only necessary to determine whether the resulting bargaining unit is appropriate and whether the employees have been provided notice and an opportunity to vote on the merger.
In this instance, a merged bargaining unit would be appropriate under RCW 41.56.070 because it would constitute the employer’s entire classified workforce with the exception of the extracurricular employees. The fact that the extracurricular employees are excluded from the proposed bargaining unit does not render the proposed unit inappropriate as extracurricular school district employees often share their own community of interest. See, e.g., Okanogan School District, Decision 5394-A (PECB, 1997) and Winlock School District, Decision 6044 (PECB, 1997 (recognizing separate bargaining units of extracurricular employees).
Finally, the union provided a notarized statement demonstrating that the employees in both bargaining units were permitted a vote on whether the employees wanted to merge and that a majority of employees in both units were in favor of the merger. Because it readily appears that continuity and due process requirements have been satisfied in this case, the merger is granted.
FINDINGS OF FACT
1. The White Salmon Valley School District is a public employer within the meaning of RCW 41.56.030(12).
2. The Public School Employees of Washington is a bargaining representative within the meaning of RCW 41.56.030(2).
3. The union represents two bargaining units of employees in the employer’s workforce. The first bargaining unit is described as follows:
All full-time and regular part-time classified employees of the White Salmon School District, excluding supervisors, confidential employees, custodial employees, food service employees, and extracurricular employees.
The second bargaining consists of the employees in the custodial and food service job classifications and was voluntarily recognized by the employer.
4. The employees described in Finding of Fact 3 constitute all of the employer’s classified workforce except for the extracurricular employees.
5. On July 16, 2014, the employer and union jointly filed a petition seeking to merge the two bargaining units described in Finding of Fact 3 into a single bargaining unit.
6. Accompanying the petition was evidence demonstrating that the employees in both bargaining units were provided an opportunity to vote on whether or not to merge and evidence demonstrating that the employees affirmatively voted for the merger.
CONCLUSIONS OF LAW
1. The Public Employment Relations Commission has jurisdiction in this matter pursuant to Chapter 41.56 RCW.
2. Based upon Findings of Fact 3 and 4, the employees in the two bargaining units would constitute an appropriate bargaining unit if they were merged into a single bargaining unit.
3. Based upon Findings of Fact 4 and 5, the union provided due process to employees in allowing them to vote on whether or not to merge into a single bargaining unit.
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ORDER
The bargaining units described in Finding of Fact 3 are merged to form a single bargaining unit described as follows:
All full-time and regular part-time classified employees of the White Salmon Valley School District, excluding supervisors, confidential employees, and extracurricular employees.
ISSUED at Olympia, Washington, this 21st day of August, 2014.
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.