City of Seattle, Decision 12936 (PECB, 2018)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

On October 3, 2018, Joshua Keliikoa filed a petition to change the bargaining representative concerning certain security officers working for the City of Seattle at the Seattle Center.  The security officers are currently represented by Public Service and Industrial Employees, Local 1239 (Local 1239), which is part of the Joint Crafts Council.  The collective bargaining agreement that covers the employees expires on December 31, 2018. 

Agency staff reviewed the showing of interest cards accompanying the petition to ensure that the cards were dated within one year of the petition, as required by WAC 391-25-110(1), and to ensure that the language on the cards clearly supported the purpose of the petition.  Although the cards appeared to be signed within one year of the date of the petition, the language on the cards did not match the purpose of the petition.  The showing of interest cards stated:

I, [employee name], no longer wish to be represented by Public Service and Industrial Employees Local 1239 for the purposes of collective bargaining.

(emphasis added).  Because the language on the showing of interest cards sought decertification of Local 1239, the cards did not match the purpose of the petition, which was to change the employees’ exclusive bargaining representative.

On October 16, 2018, Keliikoa was informed of the defect in the showing of interest.  Additionally, Keliikoa was informed that because WAC 391-25-110(1) requires a sufficient showing of interest to be timely to the petition, he had to cure the defect by November 2, 2018, the last day of the RCW 41.56.060 window period that permitted the filing of the petition.  Keliikoa did not cure the defect by submitting showing of interest cards that supported the purpose of his petition before the window period closed.

ANALYSIS

In order to be valid, showing of interest cards must clearly state the desire of the card signer.  See State – Revenue, Decision 9665 (PSRA, 2007).  The showing of interest cards in this matter clearly do not meet the stated purpose of the petition.  Because Keliikoa has failed to submit a timely showing of interest with its petition, the case must be dismissed.

ORDER

The petition filed in the above-entitled matter is hereby DISMISSED for insufficient showing of interest.

Issued at Olympia, Washington, this  9th  day of November, 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 391-25-660.