Thurston County, Decision 12148 (PECB, 2014)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
THURSTON COUNTY
For clarification of an existing bargaining unit represented by:
THURSTON COUNTY SHERIFF’s OFFICE CAPTAINS’ ASSOCIATION
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CASE 26645-C-14-1600
DECISION 12148 - PECB
ORDER CLARIFYING BARGAINING UNIT
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Fenrich and Gallagher, P.C., by Daryl S. Garrettson, Attorney at Law, for the union.
Summit Law Group, by Bruce Schroeder, Attorney at Law, for the employer.
The Thurston County Sheriff’s Office Captains’ Association (union) represents a bargaining unit of supervisory employees at the Thurston County Sheriff’s Department (employer). That bargaining unit currently includes employees in the Operations and Corrections Captains, Chief Deputy-Corrections, Chief Civil Deputy, and Chief Criminal Deputy job classes. Thurston County, Decision 10588-A (PECB, 2009).
On July 30, 2014, the employer filed a unit clarification petition seeking removal of the Chief Deputy-Corrections, Chief Civil Deputy, and Chief Criminal Deputy job classes on the basis that those positions are confidential in nature. On August 12, 2014, the union filed a letter indicating that it did not oppose the employer’s petition to remove the at-issue job classes. The parties subsequently filed joint stipulations demonstrating that the at-issue employees are called by the Thurston County Sheriff and Undersheriff to discuss strategy for labor relations and participate in the employer’s caucuses during collective bargaining. The parties also stipulated that the at-issue job classes represent the employer during contract administration and perform other duties requiring the formulation of labor relations policy.
The issue to be decided is whether the parties’ stipulations to exclude the Chief Deputy-Corrections, Chief Civil Deputy, and Chief Criminal Deputy job classes as confidential employees should be accepted and whether those positions should be removed from the bargaining unit. The Executive Director accepts the parties' stipulations and clarifies the bargaining unit to exclude the Chief Deputy-Corrections, Chief Civil Deputy, and Chief Criminal Deputy job classes.
DISCUSSION
Applicable Legal Standard
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).
Application of Standard
In previous litigation before this agency, the testimony and evidence failed to demonstrate that the labor relations duties of the Chief Deputy-Corrections, Chief Civil Deputy, and Chief Criminal Deputy job classes rose to a level that would exclude them from their collective bargaining rights. Thurston County, Decision 10588 (PECB, 2009). Accordingly, those positions were included in the bargaining unit with the Operations and Corrections Captains.
The parties now stipulate that a change of circumstances has occurred and the labor relations duties of the Chief Deputy-Corrections, Chief Civil Deputy, and Chief Criminal Deputy now bring them into conflict with the bargaining unit as to warrant their exclusion from collective bargaining rights as confidential employees. The parties’ stipulations are accepted and the positions are excluded from the bargaining unit as confidential employees.
FINDINGS OF FACT
1. Thurston County is a public employer within the meaning of RCW 41.56.030(12).
2. The Thurston County Sheriff’s Office Captains’ Association is a bargaining representative within the meaning of RCW 41.56.030(11).
3. The Thurston County Sheriff’s Office Captains’ Association is the exclusive bargaining representative of a bargaining unit of employees in the Operations and Corrections Captains, Chief Deputy-Corrections, Chief Civil Deputy, and Chief Criminal Deputy job classes at Thurston County.
4. The parties stipulated that the labor relations duties of the Chief Deputy-Corrections, Chief Civil Deputy, and Chief Criminal Deputy now bring them into conflict with the bargaining unit.
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 stipulated facts establish that the employees in the Chief Deputy-Corrections, Chief Civil Deputy, and Chief Criminal Deputy job classes are confidential employees as defined by RCW 41.56.030(12)(c).
NOW, THEREFORE, it is
ORDERED
1. The Chief Deputy-Corrections, Chief Civil Deputy, and Chief Criminal Deputy are confidential employees and removed from the bargaining unit represented by the Thurston County Sheriff’s Office Captains’ Association.
ISSUED at Olympia, Washington, this 28th 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.