DECISIONS

King County, Decision 11828-A (PECB, 2013)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Cline and Associates, by James M. Cline, Attorney at Law, for the union.

Sasha P. Alessi, Labor Negotiator, for the employer.

Schwerin Campbell Barnard Iglitzin & Lavitt L.L.P., by Sean Leonard, Attorney at Law, for Professional and Technical Employees, Local 17.

On June 12, 2012, King County (employer) filed a unit clarification petition seeking to include employees represented by the Technical Employees Association (TEA) in the information technology unit represented by Professional and Technical Employees, Local 17 (Local 17).  The employer reorganized its workforce.  Employees represented by TEA were moved from the Department of Natural Resources and Parks to the Department of Information Technology.  Local 17 represented the majority of information technology employees in the Local 17 information technology bargaining unit.  After a hearing, the Executive Director concluded that the petition was timely and granted the petition.[1]  TEA filed a timely appeal.

The Commission reviews conclusions as applications of law, as well as interpretations of statutes, de novo.  We review findings of fact to determine if they are supported by substantial evidence and, if so, whether those findings in turn support the Examiner’s conclusions of law.  C-Tran, Decision 7088-B (PECB, 2002).  Substantial evidence exists if the record contains evidence of sufficient quantity to persuade a fair-minded, rational person of the truth of the declared premise.  C-Tran, Decision 7088-B.  The Commission attaches considerable weight to the factual findings and inferences, including credibility determinations, made by its examiners.  Cowlitz County, Decision 7210-A (PECB, 2001).

The Executive Director correctly stated the legal standard.  Substantial evidence supports the Executive Director’s Findings of Fact, which support the Executive Director’s Conclusions of Law.  After fully considering the evidence and arguments before us, we affirm the Executive Director.

NOW, THEREFORE, it is

ORDERED

The Findings of Fact, Conclusions of Law, and Order issued by Executive Director Michael P. Sellars are AFFIRMED and adopted as the Findings of Fact, Conclusions of Law, and Order of the Commission.

ISSUED at Olympia, Washington, this   14^th   day of November, 2013.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

                                                MARILYN GLENN SAYAN, Chairperson

                                                THOMAS W. McLANE, Commissioner

                                                MARK E. BRENNAN, Commissioner