University of Washington, Decision 13219 (PSRA, 2020)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
|
In the matter of the petition of: Washington Federation of state employees For clarification of an existing bargaining unit of employees of: university of washington |
CASE 132377-C-19 DECISION 13219 - PSRA order clarifying bargaining unit |
Herb Harris, Coordinator of PERC Activities, for the Washington Federation of State Employees.
Banks Evans III, Assistant Vice President, Labor Relations, for the University of Washington.
The Washington Federation of State Employees (union) represents Window Washer and Window Washer Lead job classifications at the University of Washington (employer) in the campus wide bargaining unit. The union also represents a bargaining unit of custodial and food service supervisors. In order to recruit and retain employees in the window washer job classifications, the employer renamed the window washer job classifications, added additional job classifications, and created a job classification series: Window Washer 1, Window Washer 2, Window Washer Lead,[1] and Window Washer Supervisor. The former Window Washer Leads were reallocated into the Window Washer Supervisor job classification. On December 10, 2019, the union filed a unit clarification petition to include the new Window Washer Supervisor job classification into the existing custodial and food service supervisors bargaining unit. The employer did not have any challenges to the union’s petition. The union’s request to include the Window Washer Supervisor into the custodial and food service supervisors bargaining unit is granted.
ANALYSIS
Applicable Legal Standard
The determination of appropriate bargaining units is a function delegated to this agency by the Legislature. RCW 41.80.070. There are a number of factors to consider in making unit determinations. Those factors include: the duties, skills, and working conditions of the public employees; the history of collective bargaining by the public employees and their bargaining representatives; the extent of organization among the public employees; and the desire of the public employees. RCW 41.80.070(1). See also Community Transit, Decision 8734-A (PECB, 2005). No one factor predominates and not all statutory factors must be considered in every case. The goal in making 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. Central Washington University, Decision 9963-B (PSRA, 2010); Quincy School District, Decision 3962-A (PECB, 1993).
Included in this agency’s authority to determine an appropriate bargaining unit is the power to modify that unit, upon request, through a unit clarification proceeding. University of Washington, Decision 11590 (PSRA, 2012), aff’d, Decision 11590-A (PSRA, 2013); see also Pierce County, Decision 7018-A (PECB, 2001). Unit clarification cases are governed by the provisions of chapter 391-35 WAC. The general purpose of the unit clarification process is to provide this agency as well as the parties to a collective bargaining relationship a mechanism to make changes to an existing bargaining unit based upon a change in circumstances to ensure its continued appropriateness. See, e.g., Toppenish School District, Decision 1143-A (PECB, 1981) (outlining the procedures to remove supervisors from existing bargaining units).
Application of Standard
The union represented the Window Washer and Window Washer Lead employees in the campus wide bargaining unit at the university. The bargaining unit was last described as, “All full-time and regular part-time non-supervisory classified employees of the University of Washington, excluding members of the governing board, employees excluded from the coverage of Chapter 41.06 RCW, students, employees covered by other collective bargaining agreements, confidential employees and supervisors.” University of Washington, Decision 12283 (PSRA, 2015).
The union also represents a bargaining unit of custodial and food service supervisors described as, “All full–time and regular part–time custodial supervisors and food service supervisors in Seattle at the University of Washington including University of Washington Medical Center (UWMC) and Harborview Medical Center (HMC), excluding food services supervisors at HMC, and excluding confidential employees, nonsupervisory employees, and all other employees.” University of Washington, Decision 12980 (PSRA, 2019).
The union and employer agreed to rename the Window Washer job classifications, create new job classifications, and create a job classification series in order to recruit and retain employees. The employer created the Window Washer Supervisor job classification. The employees previously classified as Window Washer leads were reallocated to the Window Washer Supervisor job classification. Both the union and employer agree that the Window Washer Supervisors should be included in the existing custodial and food service supervisors bargaining unit.
Similar to other positions in the custodial and food service supervisors bargaining unit, the Window Washer Supervisors supervise other job classifications in the window washer series. Window Washer Supervisors have the ability to interview and recommend job applicants for open positions, assign work, conduct performance evaluations, and recommend discipline. The Window Washer Supervisors have a community of interest with the employees in the custodial and food service supervisors bargaining unit. Including the Window Washer Supervisors in the custodial and food services bargaining unit is appropriate.
FINDINGS OF FACT
1. The University of Washington (employer) is an employer within the meaning of RCW 41.80.005(10).
2. The Washington Federation of State Employees (union) is an employee organization within the meaning of RCW 41.80.005(7).
3. The union represented the Window Washer and Window Washer Lead employees in the campus wide bargaining unit at the university. The bargaining unit was last described as, “All full-time and regular part-time non-supervisory classified employees of the University of Washington, excluding members of the governing board, employees excluded from the coverage of Chapter 41.06 RCW, students, employees covered by other collective bargaining agreements, confidential employees and supervisors.” University of Washington, Decision 12283 (PSRA, 2015).
4. The union also represents a bargaining unit of custodial and food service supervisors described as, “All full–time and regular part–time custodial supervisors and food service supervisors in Seattle at the University of Washington including University of Washington Medical Center (UWMC) and Harborview Medical Center (HMC), excluding food services supervisors at HMC, and excluding confidential employees, nonsupervisory employees, and all other employees.” University of Washington, Decision 12980 (PSRA, 2019).
5. The union and employer agreed to rename the Window Washer job classifications, create new job classifications, and create a job classification series in order to recruit and retain employees. The employer created the Window Washer Supervisor job classification. The employees previously classified as Window Washer leads were reallocated to the Window Washer Supervisor job classification. Both the union and employer agree that the Window Washer Supervisors should be included in the existing custodial and food service supervisors bargaining unit.
6. Similar to other positions in the custodial and food service supervisors bargaining unit, the Window Washer Supervisors supervise other job classifications in the window washer series. Window Washer Supervisors have the ability to interview and recommend job applicants for open positions, assign work, conduct performance evaluations, and recommend discipline.
CONCLUSIONS OF LAW
1. The Public Employment Relations Commission has jurisdiction in this matter under chapter 41.80 RCW and chapter 391-35 WAC.
2. Based on findings of fact 3 through 6 the Window Washer Supervisor job classification shares a community of interest with the custodial and food service supervisors bargaining unit described in finding of fact 4.
ORDER
The Window Washer Supervisor job classifications shall be added to the custodial and food service supervisors bargaining unit. The bargaining unit description will be described as follows:
All full–time and regular part–time Window Washer Supervisors, Custodial Supervisors, and Food Service Supervisors in Seattle at the University of Washington including University of Washington Medical Center (UWMC) and Harborview Medical Center (HMC), excluding Food Services Supervisors at HMC, and excluding confidential employees, nonsupervisory employees, and all other employees.
ISSUED at Olympia, Washington, this 6th day of August, 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.
[1] The former Window Washers were reallocated into the Window Washer 2 job classification. The Window Washer 1, Window Washer 2, and Window Washer Lead job classifications are included in the campus wide bargaining unit represented by the union.