City of Moses Lake, Decision 13423 (PECB, 2021)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

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

Kerri Fenner, Human Resources Manager, for the City of Moses Lake.

Findings of Fact

1.                  The Washington State Council of County and City Employees filed a representation petition concerning the Fleet Management employees at the City of Moses Lake. The Public Employment Relations Commission (PERC) determined the petition was timely filed and accompanied by a sufficient showing of interest. No other organization claimed to represent the employees involved.

2.                  The existing bargaining unit, last certified in City of Moses Lake, Decision 13060 (PECB, 2019), represented by the Washington State Council of County and City Employees is described as follows:

All full-time and regular part-time building maintenance, sewer, stormwater/streets and water department employees at the City of Moses Lake, excluding supervisors, confidential employees, clerical employees, and all other employees.

3.                  PERC conducted an investigation conference where the parties disagreed about the eligibility of certain employees to be included in the bargaining unit. PERC determined that the eligibility issues would be resolved following the card check.

4.                  Because the more than 50 percent showing of interest threshold was met, PERC conducted card check proceedings. The employees were given a free choice in the proceedings. The tally of results was provided to the parties and the eligibility issues do not affect the outcome of the card check. No meritorious election objections were filed.

5.                  The existing bargaining unit represented by the Washington State Council of County and City Employees shall be modified to include the Fleet Management employees for a bargaining unit described as follows:

All full-time and regular part-time fleet management, building maintenance, sewer, stormwater/streets and water department employees at the City of Moses Lake, excluding supervisors, confidential employees, clerical employees, and all other employees.

Conclusions of Law

1.                  The unit described in finding of fact 5 is an appropriate unit within the meaning of RCW 41.56.060.

2.                  Representation proceedings were conducted in accordance with RCW 41.56.095 and chapter 391‑25 WAC.

certification

1.                  The City of Moses Lake Fleet Management employees in the bargaining unit described in finding of fact 5 have chosen

Washington state council of county and city employees

as their representative for the purpose of collective bargaining with their employer.

2.                  This case is remanded for further proceedings on the eligibility issues described in finding of fact 3.

ISSUED at Olympia, Washington, this  21st  day of October, 2021.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

Michael P. Sellars, Executive Director