Washington State Ferries, Decision 12754 (MRNE, 2017)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of:
MARINE ENGINEERS’ BENEFICIAL ASSOCIATION
Involving certain employees of:
WasHington stAte Ferries |
CASE 128459-E-16
DECISION 12754 - MRNE
INTERIM CERTIFICATION Cross-Check by Agreement of Parties
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Michael R. McCarthy, Attorney at Law, Reid, McCarthy, Ballew & Leahy, L.L.P., for the Marine Engineers’ Beneficial Association.
Morgan Damerow, Assistant Attorney General, Robert W. Ferguson, Attorney General for the Washington State Ferries.
FINDINGS OF FACT
1. The Marine Engineers’ Beneficial Association filed with the Public Employment Relations Commission a petition concerning representation of employees of the Washington State Ferries. The petition was timely filed and accompanied by a showing of interest administratively determined by the Commission to be sufficient.
2. Following an investigation conference, the Commission proceeded with a determination of the question concerning representation, and issues concerning the eligibility of certain employees for inclusion in the bargaining unit were reserved for subsequent determination.
3. These representation proceedings were conducted under the supervision of the Commission in the bargaining unit described as:
All full-time and regular part-time Port Engineers and Senior Port Engineers employed by the Washington State Ferries, excluding supervisors, confidential employees, the Senior Port Engineer – Vessel Preservation, and all other employees.
4. All proceedings were conducted in a manner designed to afford the affected employees a free choice in the selection of a bargaining representative, if any; a confidential cross-check of employer and union documents has been conducted by Commission staff and a tally of the results previously furnished to the parties is attached hereto; the reserved eligibility issues do not affect the outcome of the question concerning representation; and no meritorious objections have been filed with respect to these proceedings.
CONCLUSIONS OF LAW
1. The unit described in Finding of Fact 3 is an appropriate unit for the purpose of collective bargaining within the meaning of Chapter 47.64 RCW.
2. All conditions precedent to issuance of an interim certification have been met.
CERTIFICATION
1. The employees of the Washington State Ferries in the appropriate bargaining unit described in Finding of Fact 3 have chosen
MARINE ENGINEERS’ BENEFICIAL ASSOCIATION
as their representative for the purpose of collective bargaining with their employer.
2. The above-captioned matter is remanded for further proceedings on the eligibility issues reserved as described in Finding of Fact 2.
ISSUED at Olympia, Washington, this 28th day of July, 2017.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MICHAEL P. SELLARS, Executive Director