Snocom Dispatchers Association, Decision 12868 (PECB, 2018)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
SOUTHWEST SNOHOMISH COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY (snocom)
and
SNOCOM DISPATCHERS ASSOCIATION
For clarification of an existing bargaining unit.
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CASE 129946-C-18 DECISION 12868 - PECB
ORDER CLARIFYING BARGAINING UNITS
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In the matter of the petition of:
snohomish county police and auxiliary services center (snopac)
and
ASSOCIATION of snopac employees
For clarification of an existing bargaining unit.
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CASE 129947-C-18 DECISION 12869 - PECB
ORDER CLARIFYING BARGAINING UNITS
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Spencer Nathan Thal, Attorney at Law, Vanguard Law, for the union.
Rodney B. Younker, Attorney at Law, Summit Law Group PLLC, for the employer.
The Southwest Snohomish County Public Safety Communications Agency (SNOCOM) provided 911 emergency calls and police, fire, and emergency medical dispatch services to several communities in southwest Snohomish County, including the cities of Brier, Edmonds, Lynnwood, Mill Creek, Mountlake Terrace, Mukilteo, and Woodway. The SnoCom Dispatchers Association represents the communications employees at SNOCOM. SNOCOM, Decision 7939 (PECB, 2002). SNOCOM and the SnoCom Dispatchers Association are parties to a collective bargaining agreement that expires on December 31, 2018.
The Snohomish County Police Staff and Auxiliary Services Center (SNOPAC) provided 911 emergency calls and police, fire, and emergency medical dispatch services to 37 police and fire agencies in Snohomish County. The Association of SnoPac Employees represents the communications employees at SNOPAC. SNOPAC, Decision 4313 (PECB, 1993). SNOPAC and the Association of SnoPac Employees are parties to a collective bargaining agreement that expires on December 31, 2018.
In 2017, the leadership of SNOCOM and SNOPAC voted to merge both organizations into a single emergency dispatch agency, Snohomish County 911. The new entity went into operation on January 1, 2018. At the time of the merger, SNOCOM and SNOPAC were still operating in their existing facilities and the dispatch employees at both entities had yet to be integrated. The employees who worked at SNOCOM now work at Snohomish County 911’s North Campus. There are approximately 64 nonsupervisory employees working at the North Campus. The employees who worked at SNOPAC now work at Snohomish County 911’s South Campus. There are approximately 27 nonsupervisory employees working at the South Campus.
On December 29, 2017, the SnoCom Dispatchers Association (Case 129946-C-17) and the Association of SnoPac Employees (Case 129947-C-17) filed unit clarification petitions seeking modification of their respective bargaining unit certifications to reflect that Snohomish County 911 is now the employer of record. Both unions also requested that their names be changed to the Snohomish County 911 Employees Association to reflect a recent merger of the two organizations. The SnoCom Dispatchers Association and Association of SnoPac Employees provided evidence demonstrating that their respective memberships were provided an opportunity to vote on whether to affiliate with the Snohomish County 911 Employees Association and that an overwhelming majority of employees supported the merger. Neither petition initially sought modification of the existing bargaining unit configurations at the North and South Campuses.
On March 20, 2018, Snohomish County 911 and the Snohomish County 911 Employees Association jointly filed an amended unit clarification petition to merge the bargaining units represented by SnoCom Dispatchers Association and the Association of SnoPac Employees. The parties asserted that Snohomish County 911 is in the process of merging all of its dispatch employees into the North Campus facility. That process will be completed by June 1, 2018. That merger will result in the integration of the dispatcher work that was previously done separately at the North and South Campuses. The amended petition also sought to have the Snohomish County 911 Employees Association named as the new exclusive bargaining representative.
The issue to be decided is whether the bargaining units that work at the North and South Campuses should be merged into a single bargaining unit at Snohomish County 911’s North Campus. The bargaining units shall be merged as requested by the parties. The decision to combine the employees at the North and South Campuses demonstrates a change in circumstances that warrants review of the existing bargaining unit configurations. The fact that the employees in both bargaining units will now be integrated and will perform the same work with common supervision provides ample reasons for the employees in the two bargaining units to be merged into a single unit. The Snohomish County 911 Employees Association shall represent the newly merged bargaining unit.
ANALYSIS
This agency has the authority to define new bargaining units of employees and to modify existing bargaining units to ensure their continued appropriateness. RCW 41.56.060. When this agency certifies a bargaining unit, the work performed by the employees in that bargaining unit becomes the historic work jurisdiction of that unit. See, e.g., Kitsap County Fire District 7, Decision 7064-A (PECB, 2001) (bargaining unit work is defined as “work historically performed by bargaining unit employees”).
Included in the authority to determine an appropriate bargaining unit is the power to modify an existing bargaining unit, upon request, through a unit clarification proceeding. Chapter 391-35 WAC, University of Washington, Decision 11590 (PSRA, 2012), aff’d, Decision 11590-A (PSRA, 2013); see also Pierce County, Decision 7018-A (PECB, 2001). The general purpose of the unit clarification process is to provide a mechanism to make changes to an appropriate bargaining unit based upon a change of circumstances. See, e.g., Toppenish School District, Decision 1143-A (PECB, 1981) (outlining the procedures to remove supervisors from existing bargaining units).
WAC 391-35-020(4) outlines the two methods for a petitioner to present factual arguments to add historically excluded positions to an existing bargaining unit through the unit clarification process. First, a unit clarification petition may be filed within a reasonable time period after a change of circumstances that alters the community of interest of the employees or positions. WAC 391-35-020(4)(a). See University of Washington, Decision 10496-A (PSRA, 2011). Second, a unit clarification petition may be filed if the existing bargaining unit is the only appropriate unit for the employees or positions. WAC 391-35-020(4)(b). See University of Washington, Decision 11139-A (PECB, 2012).
Application of Standard
The parties’ request to merge the two bargaining units into a single bargaining unit of nonsupervisory dispatch employees is granted. A change of circumstances occurred when SNOCOM and SNOPAC merged into Snohomish County 911 and the bargaining units of employees transferred to the new organization. A change of circumstances also occurred when Snohomish County 911 decided to merge all of its employees into the North Campus and integrate the functions of all of its dispatch workforce. Both of these events are substantial changes to the workplace environment that warrant review of the existing bargaining units.
The employer’s decision to merge its dispatch employees into the North Campus facility disrupted the community of interest for both the North and South Campus bargaining units that warrants a merger of both bargaining units. The dispatch employees at both the North and South Campuses perform the same work. The employees receive calls for emergency services through the Computer Aided Dispatch system and determine the appropriate response based upon priority and policy. The dispatch employees relay essential information to emergency responders to initiate an accurate and timely response to emergency calls and continually update information as it is received. All of the dispatch employees now have a common line of supervision, will be using the same equipment, and will be subject to the same working conditions at the North Campus facility. If the employees were allowed to remain in their current bargaining unit configurations, work jurisdiction would be created. See, e.g., City of Mount Vernon, Decision 4199-B (PECB, 1992) (allow two separate bargaining units to coexist and represent the same body of work would be “abhorrent to peaceful labor relations”).
Because the SnoCom Dispatchers Association and the Association of SnoPac Employees merged into the Snohomish County 911 Employees Association, no question concerning representation is raised as a result of the bargaining unit merger. The same labor organization represents both bargaining units and no evidence suggests that the Snohomish County 911 Employees Association does not have the support of a majority of the dispatch employees at Snohomish County 911.
Conclusion
The parties’ stipulations are accepted and the dispatch employees at Snohomish County 911 are merged into a single bargaining unit described as:
All full-time and regular part-time nonsupervisory Dispatchers (including Trainees) and Call Takers employed by Snohomish County 911, excluding supervisors, confidential employees, and all other employees.
The bargaining unit shall continue to be represented by the Snohomish County 911 Employees Association.
FINDINGS OF FACT
1. The SnoCom Dispatchers Association is a bargaining representative within the meaning of RCW 41.56.030(2).
2. The Association of SnoPac Employees is a bargaining representative within the meaning of RCW 41.56.030(2).
3. The Snohomish County 911 Employees Association is a bargaining representative within the meaning of RCW 41.56.030(2).
4. The Southwest Snohomish County Public Safety Communications Agency (SNOCOM) provided 911 emergency calls and police, fire, and emergency medical dispatch services to several communities in southwest Snohomish County, including the cities of Brier, Edmonds, Lynnwood, Mill Creek, Mountlake Terrace, Mukilteo, and Woodway. The SnoCom Dispatchers Association represents the communications employees at SNOCOM.
5. The Snohomish County Police Staff and Auxiliary Services Center (SNOPAC) provided 911 emergency calls and police, fire, and emergency medical dispatch services to 37 police and fire agencies in Snohomish County. The Association of SnoPac Employees represents the communication employees at SNOPAC.
6. In 2017, the leadership of SNOCOM and SNOPAC voted to merge both organizations into a single emergency dispatch agency, Snohomish County 911. Snohomish County 911 went into operation on January 1, 2018, and is a public employer within the meaning of RCW 41.56.030(11).
7. At the time of the merger, SNOCOM and SNOPAC were still operating in their existing facilities and the dispatch employees at both entities had yet to be integrated. The employees who worked at SNOCOM now work at Snohomish County 911’s North Campus. There are approximately 64 nonsupervisory employees working at the North Campus. The employees who worked at SNOPAC now work at Snohomish County 911’s South Campus. There are approximately 27 nonsupervisory employees working at the South Campus.
8. Snohomish County 911 is in the process of merging all of its dispatch employees into the North Campus facility. That process will be completed by June 1, 2018. That merger will result in the integration of the dispatcher work that was previously done separately at the North and South Campuses.
9. On December 29, 2017, the SnoCom Dispatchers Association and the Association of SnoPac Employees filed unit clarification petitions seeking modification of their respective bargaining unit certifications to reflect that Snohomish County 911 is now the employer of record. Both unions also requested that their names be changed to the Snohomish County 911 Employees Association to reflect a recent merger of the two organizations.
10. The SnoCom Dispatchers Association and Association of SnoPac Employees provided evidence demonstrating that their respective memberships were provided an opportunity to vote on whether to affiliate with the Snohomish County 911 Employees Association and that an overwhelming majority of employees supported the merger.
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. Based upon Findings of Fact 9 and 10, the SnoCom Dispatchers Association and the Association of SnoPac Employees provided due process to employees in allowing them to vote on whether or not to affiliate with the Snohomish County 911 Employees Association.
3. Based upon Finding of Fact 10, the SnoCom Dispatchers Association and the Association of SnoPac Employees affiliated with the Snohomish County 911 Employees Association.
4. Based upon Findings of Fact 6, 7, and 8, a change of circumstances occurred when SNOCOM and SNOPAC decided to merge operation and when the Snohomish County 911 decided to integrated the work being performed by the bargaining units described in Findings of Fact 4 and 5.
ORDER
1. The bargaining units described in Findings of Fact 4 and 5 are merged and shall be described as follows:
All full-time and regular part-time nonsupervisory Dispatchers (including Trainees) and Call Takers employed by Snohomish County 911, excluding supervisors, confidential employees, and all other employees.
2. The Snohomish County 911 Employees Association is now the exclusive bargaining representative of record for the bargaining unit described in paragraph 1 of this order.
ISSUED at Olympia, Washington, this 16th day of May, 2018.
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.