Ferry County, Decision 13206 (PECB, 2020)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Tyler R. Knowles, the decertification petitioner.

Bill Keenan, Director of Organizing, for the Washington State Council of County and City Employees.

Lance King, Attorney at Law, The Wesley Group, for Ferry County.

On April 14, 2019, Tyler Knowles filed a petition to decertify the Washington State Council of County and City Employees (union) as the exclusive bargaining representative of employees of Ferry County.[1]

On July 11, 2019, Representation Case Administrator Emily K. Whitney issued a notice of election. The agency conducted a mail ballot election. On August 6, 2019, Representation Case Administrator Dario de la Rosa tallied the election. Twenty-five employees were eligible to vote. Ten cast votes for the union. Ten cast votes for no representation. No challenged ballots were cast. “Where there are only two choices on the ballot, a tie vote shall result in a certification of no representative.” WAC 391-25-530(2).

On August 13, 2019, the union filed timely election objections. The employer responded to the union’s objection. On September 12, 2019, the Commission issued a notice of hearing directing a hearing be conducted on the election objections.

On June 4, 2020, the parties requested that the agency conduct a new election. After reviewing their request, we remand the case to the Executive Director to conduct a new election.

Order

The results of the election conducted in the above-captioned matter are VACATED. This case is remanded to the Executive Director to conduct a new election.

ISSUED at Olympia, Washington, this  11th  day of June, 2020.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

MARILYN GLENN SAYAN, Chairperson

MARK BUSTO, Commissioner

KENNETH J. PEDERSEN, Commissioner