Wenatchee School District, Decision 13029 (PECB, 2019)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

On February 5, 2019, Public School Employees of Washington (union) filed a unit clarification petition under Chapter 391-35 WAC concerning a bargaining unit certified by this agency.  Wenatchee School District, Decision 992 (PECB, 1980); see also Wenatchee School District, Decision 11138 (PECB, 2011) (explaining the bargaining unit’s history).  The union seeks to sever the technical employees from its existing secretaries, para-educators, professional and technical employees bargaining unit at the Wenatchee School District (employer) and place the technical employees in a separate bargaining unit.

On April 1, 2019, Representation Administrator Dario de la Rosa conducted an investigatory conference call with the parties.  During that call, the Representation Administrator explained that RCW 41.56.060(2) precluded dividing bargaining units of classified school district employees unless both the employer and the union agreed.  The Representation Administrator then asked the employer whether it consented or objected to the purpose of the union’s petition.  The employer objected to the proposed severance.  The Representation Administrator issued a deficiency notice giving the union an opportunity to provide good cause as to why its petition should not be dismissed.  The union provided no further response.

ANALYSIS

Applicable Legal Standards

The determination of appropriate bargaining units is a function delegated to this agency by the legislature.  City of Richland, Decision 279-A (PECB, 1978), aff’d, International Association of Fire Fighters, Local 1052 v. Public Employment Relations Commission, 29 Wn. App. 599 (1981), review denied, 96 Wn.2d 1004 (1981).  The goal in making bargaining 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.  Quincy School District, Decision 3962-A (PECB, 1993).

Normally, in order to sever employees from an existing bargaining unit, a petitioner must meet one of two criteria.  A petitioner must show that (1) the petitioned-for employees no longer share a community of interest with the existing bargaining unit, or (2) the incumbent bargaining representative has inadequately represented the petitioned-for employees.  State – Social and Health Services, Decision 12542-B (PSRA, 2016).  In 2005, the legislature amended RCW 41.56.060, which limited this agency’s authority to divide existing bargaining units of classified school district employees.  Laws of 2005 Ch. 232. Sec. 1.  The 2005 amendments to RCW 41.56.060 state, in part:

For classified employees of school districts and educational service districts . . . [a]ppropriate bargaining units existing on July 24, 2005, may not be divided into more than one unit without the agreement of the public employer and the certified bargaining representative of the unit.

RCW 41.56.060(2) (emphasis added).

Application of Standards

The union’s bargaining unit was initially certified in 1980 and has existed in its present form since 2003.  Wenatchee School District, Decision 11138.  The employer has not consented to severing the existing bargaining unit as required by RCW 41.56.060(2).  The union has not alleged that the existing bargaining unit is not appropriate or that there are other reasons for granting its petition.  Accordingly, the employer’s lack of consent renders the union’s petition procedurally inappropriate.

ORDER

The unit clarification petition filed in the above-captioned matter is DISMISSED

ISSUED at Olympia, Washington, this  9th  day of July, 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.