State – Labor and Industries, Decision 12692 (PSRA, 2017)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
DAWN CHILLERS
For clarification of an existing bargaining unit of employees of:
STATE – LABOR AND INDUSTRIES
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CASE 128870-C-17
DECISION 12692 - PSRA
ORDER OF DISMISSAL
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On March 30, 2017, Dawn Chillers filed a unit clarification petition seeking to clarify an existing bargaining unit of employees at the Washington State Department of Labor and Industries (employer). The bargaining unit is represented by the Washington Federation of State Employees (union). Chillers’ petition sought removal of the employees in the Human Resource Consultant 4 job class on the basis that those employees were confidential in nature.
WAC 391-35-010 states that a unit clarification petition “may be filed by the employer, the exclusive representative, or their agents, or by the parties jointly.” The rule does not permit individual employees to file unit clarification petitions under Chapter 391-35 WAC, and individual employees lack legal standing to do so. King County, Decision 9144 (PECB, 2005).
On April 20, 2017, Representation Case Administrator Dario de la Rosa issued a deficiency notice pointing out these legal standards and providing Chillers with a 21-day period to contact either the employer or the union and have one or both of those entities formally sanction the filing of the petition. No further communication has been received from the employer, the union, or Chillers in regard to this matter. Accordingly, the petition shall be dismissed as procedurally defective.
ORDER
The unit clarification petition filed by Dawn Chillers in the above-entitled matter is DISMISSED.
ISSUED at Olympia, Washington, this 15th day of May, 2017.
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.