Mead School District, Decision 13174 (PECB, 2020)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
Public School Employees of Washington
For clarification of an existing bargaining unit of employees of:
MEAD SChool District
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CASE 132517-C-20
DECISION 13174 - PECB
ORDER CLARIFYING
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Terri Wells, Field Representative, for the Public School Employees of Washington.
Keri Hutchins, Human Resources Director, for the Mead School District.
Public School Employees of Washington (PSE) represents two bargaining units of employees at the Mead School District (employer). The first bargaining unit is comprised of approximately 304 classified employees in a variety of general job classes, including employee who work as Bus Assistants, Classified Nurses, Copy Center Associates, Curriculum Assistants, Para-educators, and Education Support Specialists. Mead School District, Decision 2751 (PECB, 1987). The second bargaining unit is comprised of 46 classified employees in the Food Services job class. Mead School District, Decision 12883 (PECB, 2018).
On February 5, 2020, PSE filed a unit clarification petition seeking to merge its two existing bargaining units. PSE provided a signed a notarized affidavit indicating that the members of both bargaining units had voted in favor of merging the bargaining unit. Additionally, the employer has indicated that it supported the union’s request to the merge the bargaining units.
The issues in this case are whether: (1) whether parties have agreed that the two bargaining units can be merged, and (2) whether the proposed merger of the two bargaining units results in an appropriate bargaining unit. Because the parties have agreed to merge the bargaining units and the resulting bargaining unit is an appropriate bargaining unit under RCW 41.56.060, the proposed merger is granted.
ANALYSIS
Applicable Legal Standards
The Public Employment Relations Commission (PERC) has the authority, delegated by the Legislature, to determine appropriate bargaining units. 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). Included with this authority is the power to, upon request, modify that unit through a unit clarification proceeding. See Pierce County, Decision 7018-A (PECB, 2001). 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). When making bargaining unit determinations, the Commission seeks to avoid fragmentation and potential work jurisdiction disputes. King County (ATU Local 587), Decision 6696 (PECB, 1999). Bargaining unit determinations are made on a case-by-case basis. King County, Decision 5910-A (PECB, 1997).
In addition to determining bargaining units, PERC has the authority to merge multiple bargaining units into a single appropriate bargaining unit. Parties must provide evidence of whether the union and employer are in agreement with the merger. If the parties are in agreement, the parties must provide evidence that the resulting bargaining unit is an appropriate unit. Inchelium School District, Decision 13104 (PECB, 2019), White Salmon Valley School District, Decision 12142 (PECB, 2014). If the resulting bargaining unit is appropriate on its face, then a certification will be issued for the merged unit.
Application of Standards
In this case, the parties agreed that the two existing PSE bargaining units can be merged to form a single bargaining unit of employees. PSE has also submitted an affidavit demonstrating that the employees in both bargaining units are in favor of the merger. Thus, the parties are not in dispute about the merger.
The only question is whether the resulting bargaining unit is appropriate. Each of PSE’s bargaining units include the general job classes that are listed in the recognition agreements of their respective collective bargaining agreement. Any employee that fits within the general job class description is considered in each bargaining unit and newly hired employees that fit within the job classes would be included in the bargaining unit. This type of bargaining unit is considered a horizontal bargaining unit and is a typical bargaining unit configuration. See Spokane County, Decision 7866 (PECB, 2002).
A merged bargaining unit consisting of the employees in the Bus Assistants, Classified Nurses, Copy Center Associates, Curriculum Assistants, Para-educators, Education Support Specialist, and Food Services job classes is an appropriate bargaining unit under the statute. All of the employees in these general job classes would be included in the bargaining unit and nothing suggests that work jurisdiction issues would be created.
FINDINGS OF FACT
1. The Mead School District (employer) is an employer within the meaning of RCW 41.56.030(12).
2. Public School Employees of Washington (PSE) is an exclusive bargaining representative within the meaning of RCW 41.56.030(2).
3. PSE represents a bargaining unit of employees of the following general job classes in the employer’s workforce: Bus Assistants, Classified Nurses, Copy Center Associates, Curriculum Assistants, Para-educators, and Education Support Specialists.
4. PSE represents a bargaining unit of employees in the Food Services job class in the employer’s workforce.
5. PSE and the employer agree that the bargaining units described in finding of fact 3 and 4 can be merged to form a single bargaining unit.
6. The employees in the bargaining units described in findings of fact 3 and 4 share a community of interest.
CONCLUSIONS OF LAW
1. The Public Employment Relations Commission has jurisdiction over this matter pursuant to chapter 41.56 RCW and chapter 391-35 WAC.
2. Based upon findings of fact 5 and 6, a bargaining unit consisting of the employees described in findings of fact 3 and 4 is an appropriate bargaining unit under RCW 41.56.060.
ORDER
The bargaining units described in findings of fact 3 and 4 that are represented by Public School Employees of Washington are merged to form a single bargaining unit described as follows:
All full-time and regular part-time employees of the Mead School District in the following general job classes: Bus Assistants, Classified Nurses, Copy Center Associates, Curriculum Assistants, Para-educators, Education Support Specialists and Food Services job classes, excluding supervisors, confidential employees, and all other employees.
ISSUED at Olympia, Washington, this 19th day of March, 2020.
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.