Pend Oreille Public Utility District, Decision 13081 (PECB, 2019)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 77
Involving certain employees of:
PEND OREILLE PUBLIC UTILITY DISTRICT
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CASE 131957-E-19
DECISION 13081 - PECB
INTERIM CERTIFICATION Cross-Check by Agreement of Parties
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SaNni M-K Lemonidis, Attorney at Law, Robblee Detweiler PLLP, for the International Brotherhood of Electrical Workers, Local 77.
Colin Willenbrock, General Manager, for the Pend Oreille Public Utility District.
FINDINGS OF FACT
1. The International Brotherhood of Electrical Workers, Local 77 filed with the Public Employment Relations Commission a petition concerning representation of the Flagging, Customer Service Representative, Operations Administrative Assistant job classes at the Pend Oreille Public Utility District. The petition was timely filed and accompanied by a showing of interest administratively determined by the Commission to be sufficient. No other organization is known to claim to represent the employees involved.
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. The existing bargaining unit represented by the International Brotherhood of Electrical Workers Local 77 is described as:
All full-time and regular part-time line construction, vegetation maintenance, system operations, power supply operations, technical/electrician, power supply mechanical/electrical, hydro maintenance, apprentices, box canyon maintenance, water, communications, communications installer, utility services, meter reading, building maintenance & warehouseman, custodian, and student rate positions at the Pend Oreille Public Utility District, excluding confidential employees and all other employees.
4. All proceedings were conducted under the supervision of the Commission in a manner designed to afford the affected employees a free choice in the selection of whether they wished to be represented by the International Brotherhood of Electrical Workers, Local 77 in its existing bargaining unit. A confidential card 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, and no meritorious objections have been filed with respect to these proceedings.
5. The existing bargaining unit represented by the International Brotherhood of Electrical Workers, Local 77 shall be modified to include the flagging, customer service representative, and operations administrative assistant job classes for a bargaining unit described as:
All full-time and regular part-time line construction, vegetation maintenance, system operations, power supply operations, technical/electrician, power supply mechanical/electrical, hydro maintenance, apprentices, box canyon maintenance, water, communications, communications installer, utility services, meter reading, building maintenance & warehouseman, custodian, flagging, customer service representative, operations administrative assistant, and student rate positions at the Pend Oreille Public Utility District, excluding confidential employees and all other employees.
CONCLUSIONS OF LAW
1. The unit described in finding of fact 5 is an appropriate unit for the purpose of collective bargaining within the meaning of RCW 41.56.060.
2. All conditions precedent to issuance of an interim certification have been met.
CERTIFICATION
1. The employees of the Pend Oreille Public Utility District in the appropriate bargaining unit described in finding of fact 5 have chosen
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 77
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 15th day of October, 2019.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MICHAEL P. SELLARS, Executive Director