DECISIONS

University of Washington, Decision 12989 (PSRA, 2019)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Teresa Tobin, General Counsel, for the SEIU Healthcare 1199NW.

Peter Denis, Assistant Vice President, Labor Relations for the University of Washington.

The SEIU Healthcare 1199NW (union) is the exclusive bargaining representative of the diagnostic imaging bargaining unit at the University of Washington’s Harborview Medical Center (employer).  That bargaining unit currently includes full-time employees in the following job classes: nuclear medicine P.E.T. technologist; diagnostic medical sonographer; diagnostic medical sonographer lead; diagnostic medical sonographer spec; imaging technologist trainee; imaging technologist; imaging technologist-computed tomography; imaging technologist-angiography; imaging technologist-mag res imaging; imaging technologist-lead; imaging technologist-mammo; cardiac sonographer 1; cardiac sonographer 2; cardiac sonographer lead; vascular sonographer, and vascular sonographer lead.  The per diem employees in these job classes have historically been excluded from the bargaining unit.

On August 30, 2018, the union filed a petition requesting that per diem employees in the above-referenced job classes who work at least 350 hours in a calendar year be included in the bargaining unit.  Hearing Officer Dario de la Rosa conducted a prehearing conference to determine if the parties would stipulate to certain matters and resolve the case without the need for a hearing.  The parties agreed that, consistent with WAC 391-35-356, the per diem diagnostic imaging employees who perform the same work as the full-time diagnostic imaging employees within the existing bargaining unit should be included in that bargaining unit.

The petition is granted.  It is presumptively appropriate to include the per diem diagnostic imaging staff who work more than 350 hours in a year in its bargaining unit because those employees share a community of interest with the employees in the bargaining unit.  Accreting these employees into the existing bargaining unit is required because these employees logically belong only in this bargaining unit and cannot stand alone in a separate bargaining unit.

ANALYSIS

Applicable Legal Standards

The determination of appropriate bargaining units is a function delegated to this agency by the Legislature.  RCW 41.80.070.  The goal in making unit determinations is to group together employees who have sufficient similarities (community of interest) to indicate that they will be able to bargain effectively with their employer.  Central Washington University, Decision 9963-B (PSRA, 2010); Quincy School District, Decision 3962‑A (PECB, 1993).

Included in this agency’s authority to determine an appropriate bargaining unit is the power to modify that unit, upon request, through a unit clarification proceeding.  University of Washington, Decision 11590 (PSRA, 2012), aff’d, Decision 11590-A (PSRA, 2013); see also Pierce County, Decision 7018-A (PECB, 2001).  Unit clarification cases are governed by the provisions of chapter 391-35 WAC.  The general purpose of the unit clarification process is to provide this agency as well as the parties to a collective bargaining relationship a mechanism to make changes to an existing bargaining unit based upon a change in circumstances to ensure its continued appropriateness.  See, e.g., Toppenish School District, Decision 1143-A (PECB, 1981) (outlining the procedures to remove supervisors from existing bargaining units).

Because unit clarifications alter the composition of bargaining units and in order to maintain stability in the bargaining units, the Commission adopted WAC 391-35-020 to govern the time frames in which unit clarification petitions may be filed.  The time frames vary depending on the nature of the positions at issue and whether the petitioning party is attempting to include or exclude those positions in or from an existing bargaining unit.

Ordinarily, employees are permitted a voice in the selection of an exclusive bargaining representative.  RCW 41.80.080.  Accretions are the exception to the statutory rule of employee free choice.  An accretion may be ordered when a group of unrepresented employees logically belongs in only one existing bargaining unit and the positions can neither stand alone in a separate bargaining unit nor logically be placed in another unit configuration.  Pierce County, Decision 6051‑A (PECB, 1998), citing City of Auburn, Decision 4880-A (PECB, 1995).  Under those circumstances, the employees will be added or accreted to the existing bargaining unit without a vote of the employees.  In order for an accretion to be directed, the resulting bargaining unit must be an appropriate unit.  The party proposing accretion bears the burden of demonstrating that the conditions for accretion are present.  Pierce County, Decision 6051-A.

Application of Standards

The per diem diagnostic imaging employees are added to the union’s mixed class bargaining unit without the need for an election.  These positions logically belong in the union’s bargaining unit because work jurisdiction issues would be created if they were either allowed to remain unrepresented or be placed in another bargaining unit.  Including the historically excluded nonpermanent diagnostic imaging positions in the union’s bargaining will not create a question concerning representation, as there are approximately 160 employees in the union’s bargaining unit, but only 21 historically excluded nonpermanent positions.

FINDINGS OF FACT

1.                  The University of Washington (employer) is an employer within the meaning of RCW 41.80.005(10).

2.                  The SEIU Healthcare 1199NW (union) is an employee organization within the meaning of RCW 41.80.005(7).

3.                  The union represents a diagnostic imaging bargaining unit that consists of the approximately 160 employees working at Harborview Medical Center.  According to the parties’ 2017-2019 collective bargaining agreement, full‑time employees are regularly scheduled to work 40 hours in a seven-day period or 80 hours in a fourteen‑day period.  The part-time employees are regularly scheduled to work a minimum of 20 hours in a seven-day period or 40 hours in a fourteen-day period.

4.                  Per diem diagnostic imaging employees are those employees who are not scheduled on a regular part-time basis.  Per diem diagnostic imaging employees perform the same duties as the full-time and regular part-time employees.  Approximately 21 per diem diagnostic imaging employees work at least 350 hours in a calendar year.

CONCLUSIONS OF LAW

1.                  The Public Employment Relations Commission has jurisdiction in this matter under chapter 41.80 RCW and chapter 391-35 WAC.

2.                  The per diem diagnostic imaging described in finding of fact 4 only shares a community of interest with the bargaining unit described in finding of fact 3.

ORDER

The bargaining unit described in finding of fact 3 shall be clarified to include the per diem diagnostic imaging employees at the Harborview Medical Center that work at least 350 hours per year.

ISSUED at Olympia, Washington, this  23rd  day of April, 2019.

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.