Kennewick School District, Decision 13116 (PECB, 2019)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of:
Public SChool EMployees of Washington
For clarification of an existing bargaining unit of employees of:
Kennewick School District
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CASE 132283-C-19
DECISION 13116 - PECB
ORDER AMENDING CERTIFICATION
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Laurye Schmidt, Field Representative, for the Public School Employees of Washington.
Dave Bond, Superintendent, for the Kennewick School District.
On November 14, 2019, the Public School Employees of Washington of the Kennewick School District Para-Educators/Cashiers (union) filed a unit clarification petition under WAC 391-35-085 asking that the Commission amend an existing bargaining unit certification to reflect a change in the name of the certified bargaining representative. The request for amendment is granted.
The union represents a bargaining unit of paraeducators, cashiers, and licensed practical nurses working for the Kennewick School District (employer). Historically, the union’s bargaining unit included paraeducators and cashiers. Kennewick School District, Decision 12589 (PECB, 2016). In 2017, the union petitioned this agency to add the licensed practical nurses to the bargaining unit and the unit description was subsequently modified to reflect following a tally of card check. Kennewick School District, Decision 12787 (PECB, 2017).
The union has changed its name to the Kennewick Association of Education Support Professionals, Chapter #102 (Public School Employees of Washington) to reflect the types of employees currently included in the bargaining unit. The petition does not alter the configuration of the bargaining unit and that no question concerning representation is raised by the petition.
The Commission’s rules provide a process for an organization to petition for an amendment to an existing certification under WAC 391-35-085, which states:
A party may file a petition to amend an existing certification, and the executive director may amend the certification, provided that the purpose of the amendment is to reflect changed circumstances such as the name of the labor organization or the name of an employer, and the bargaining unit is not affected by the change and there is no question concerning representation.
Here, the union’s petition merely seeks to amend the existing certification to reflect that the union’s name accurately reflects the job duties being performed by the bargaining unit. The bargaining unit’s structure has not been altered, and no question concerning representation exists.
ORDER
1. The bargaining unit certified as appropriate in Kennewick School District, Decision 12787 (PECB, 2017) is amended to reflect that the certified bargaining representative has changed its name to the Kennewick Association of Education Support Professionals, Chapter #102 (Public School Employees of Washington).
2. The amendment to the certification issued in this proceeding does not give rise to a new “certification bar” year under RCW 41.56.070 or WAC 391-25-030(2).
ISSUED at Olympia, Washington, this 27th day of December, 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.