Washington State Department of Social and Health Services, Decision 13094 (PSRA, 2019)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Herb Harris, Coordinator of PERC Activities, for the Washington Federation of State Employees.

Laura L. Wulf, Assistant Attorney General, Attorney General Robert W. Ferguson, for the Washington State Department of Social and Health Services.

Findings of Fact

1.                  The Washington Federation of State Employees filed a representation petition concerning the therapy supervisor job class at the Washington State Department of Social and Health Services. The Public Employment Relations Commission (PERC) determined the petition was timely filed and accompanied by a sufficient showing of interest. No other organization has claimed to represent the employees involved.

2.                  The existing bargaining unit, last certified in State – Social and Health Services, Decision 12689-A (PSRA, 2017) represented by the Washington Federation of State Employees is described as follows:

All supervisory civil service employees of the State of Washington performing services for residents of 24-hour care and/or custody institutions operated by the Department of Social and Health Services, or providing alternative support and case services on a regional basis for the developmentally disabled who may not require institutionalizing, or those who have made the transition from a developmentally disabled institution setting back to the community, excluding confidential employees, internal auditors, Washington Management Service employees, nonsupervisory employees, employees in other bargaining units, and employees historically excluded from the unit by such orders of the Washington Personnel Resources Board or its predecessors as have not been modified by orders of the Commission.

3.                  Because the more than 50 percent showing of interest threshold was met, PERC conducted card-check proceedings. The employees were given a free choice in the proceedings. The tally of results was provided to the parties. No meritorious election objections have been filed.

4.                  The existing bargaining unit represented by the Washington Federation of State Employees shall be modified to include the therapy supervisor job class for a bargaining unit described as follows:

All supervisory civil service employees of the State of Washington performing services for residents of 24-hour care and/or custody institutions operated by the Department of Social and Health Services, or providing alternative support and case services on a regional basis for the developmentally disabled who may not require institutionalizing, or those who have made the transition from a developmentally disabled institution setting back to the community, excluding confidential employees, internal auditors, Washington Management Service employees, nonsupervisory employees, employees in other bargaining units, and employees historically excluded from the unit by such orders of the Washington Personnel Resources Board or its predecessors as have not been modified by orders of the Commission.

Conclusions of Law

1.                  The unit described in finding of fact 4 is an appropriate unit within the meaning of RCW 41.80.070.

2.                  Representation proceedings were conducted in accordance with RCW 41.80.070 and chapter 391‑25 WAC.

certification

Washington State Department of Social and Health Services therapy supervisor job class employees in the bargaining unit described in finding of fact 4 have chosen

washington federation of state employees

as their representative for the purpose of collective bargaining with their employer.

ISSUED at Olympia, Washington, this  6th  day of November, 2019.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

Michael P. Sellars, Executive Director