DECISIONS

University of Washington, Decision 13250-A (PSRA, 2020)

STATE OF WASHINGTON

Edward Earl Younglove III, Attorney at Law, Younglove & Coker, P.L.L.C., for the Washington Federation of State Employees.

Jennifer K. Schubert, Assistant Attorney General, Attorney General Robert W. Ferguson, 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 Harborview Medical Center bargaining unit. In order to recruit and retain employees in the window washer job classifications, the employer renamed the window washer job classifications and created a classification series including: Window Washer 1, Window Washer Lead, and Window Washer Supervisor.[1] The former Window Washers were reallocated into the Window Washer 1 job classification. On December 13, 2019, the union filed a unit clarification petition to include the new classifications of Window Washer 1, Window Washer 2, and Window Washer Lead job classifications into the existing campus wide bargaining unit. The employer challenged the inclusion of the Window Washer 2 position, but agreed with the inclusion of the Window Washer 1 and Window Washer Lead positions. The Public Employment Relations Commission (PERC) issued an interim order to include the Window Washer 1 and Window Washer Lead positions into the existing bargaining unit. University of Washington, Decision 13250 (PSRA, 2020). Before the employer’s challenge of the inclusion of the Window Washer 2 position was determined through a hearing, the parties notified PERC that they had reached agreement to include the Window Washer 2 position in the bargaining unit. The parties’ request to include the Window Washer 2 position in the 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. 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 nonsupervisory classified employees of the University of Washington working at Harborview Medical Center, 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 13009 (PSRA, 2019).

The union and employer agreed to rename the window washer job classifications in order to recruit and retain employees. The renamed classification series includes: Window Washer 1, Window Washer 2, and Window Washer Lead. The Window Washer classification was renamed to Window Washer 1. The employer created a Window Washer 2 classification and maintained the Window Washer Lead classification. The current employees in the former Window Washer classification were reallocated to the Window Washer 1 classification. The Window Washer and Window Washer Lead classifications were included in the Harborview Medical Center bargaining unit represented by the union. PERC previously included the Window Washer 1 and Window Washer Lead classifications into the existing bargaining unit. University of Washington, Decision 13250. The Window Washer 2 classification is part of the job class series. It is appropriate to also include the Window Washer 2 classification in the Harborview Medical Center bargaining unit.

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 nonsupervisory classified employees of the University of Washington working at Harborview Medical Center, 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 13009 (PSRA, 2019).

4.                  The union and employer agreed to rename the window washer job classifications in order to recruit and retain employees. The renamed classification series includes: Window Washer 1, Window Washer 2, and Window Washer Lead. The Window Washer classification was renamed to Window Washer 1. The employer created a Window Washer 2 classification and maintained the Window Washer Lead classification.

5.                  The current employees in the former Window Washer classification were reallocated to the Window Washer 1 classification. The Window Washer and Window Washer Lead classifications were included in the Harborview Medical Center bargaining unit represented by the union. PERC previously included the Window Washer 1 and Window Washer Lead classifications into the existing bargaining unit. The Window Washer 2 classification is part of the job class series.

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 5 the Window Washer 2 classification shares a community of interest with the Harborview Medical Center bargaining unit described in finding of fact 3.

ORDER

1.                  The Window Washer 2 classification shall be added to the Harborview Medical Center bargaining unit and will continue to be described as follows:

All full-time and regular part-time nonsupervisory classified employees of the University of Washington working at Harborview Medical Center, 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.

ISSUED at Olympia, Washington, this  5th  day of November, 2020.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

Michael P. Sellars, Executive Director

This order and the interim order will be the final order of the
agency unless a notice of appeal is filed
with the Commission under WAC 391-35-210.