DECISIONS

University of Washington, Decision 13548 (PSRA, 2022)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the matter of the petition of: UNIVERSITY OF WASHINGTON and SEIU HEALTHCARE 1199NW For clarification of an existing bargaining unit.

CASE 135305-C-22 DECISION 13548 - PSRA ORDER MERGING BARGAINING UNITS

Nestor Galindo, Lead Organizer, for the SEIU Healthcare 1199NW.

Banks Evans III, Assistant Vice President, Labor Relations, for the University of Washington.

On July 7, 2022, the University of Washington (employer) and SEIU Healthcare 1199NW (union) jointly filed a unit clarification petition seeking to merge the union’s campus security and service and maintenance bargaining units at University of Washington Medical Center – Northwest Campus. The parties also request that the merged bargaining unit description be amended accordingly. The petition does not seek to add or remove any positions to or from the merged bargaining unit. The request for merger and amendment to the bargaining unit description is granted.

BACKGROUND

The union represents two different bargaining unit of employees at the University of Washington Medical Center – Northwest Campus. The first bargaining unit includes service and maintenance employees. University of Washington, Decision 13273 (PSRA, 2020). The National Labor Relations Board originally certified that unit when Northwest Hospital was an independent private sector entity. The union continued to represent the bargaining unit employees when the University began operating Northwest Hospital in January 2020 and this agency modified that bargaining unit to include the professional and services and maintenance employees working at the UW Neighborhood Clinics. Id. There are approximately 1100 employees in this bargaining unit.

The second bargaining unit includes employees who provide security services at the University of Washington Medical Center – Northwest Campus. This agency certified that bargaining unit in April 2022. University of Washington, Decision 13501 (PSRA, 2022). There are approximately 20 employees in this bargaining unit.

ANALYSIS

This agency has the authority to create new bargaining units and to modify existing bargaining units to ensure their continued appropriateness. RCW 41.80.070. Included in that authority is the ability to merge existing bargaining units. Bargaining units of state civil service employees may be merged if the bargaining units subject to merger are represented by the same exclusive bargaining representative and the resulting unit is appropriate under the statute. RCW 41.80.070(3); WAC 391‑25‑426.

The merger of bargaining units under RCW 41.80.070(3) can be presumed to reflect a concern about the proliferation of bargaining units as well as an attempt to avoid fragmentation issues. University of Washington, Decision 11155 (PSRA, 2011). Although the statute allows for the merger of existing bargaining units to avoid fragmentation, the focus of the statute is narrow. The statute does not anticipate or contemplate other types of modifications or clarifications to the resulting bargaining unit in the same proceedings.[1]

Merger is appropriate under RCW 41.80.070 because the parties are not seeking to add any positions to the bargaining unit. See State – Agriculture, Decision 12375 (PSRA, 2015) (the scope of RCW 41.80.070(3) and WAC 391-25-426 is narrow; the statute and rule only apply to existing bargaining units).

CONCLUSION

In this instance, the parties agree that the two bargaining units represented by the union should be merged. Nothing has come to the attention of this agency suggesting that a single, merged bargaining unit comprised of the employees in the existing bargaining units would be inappropriate. Merging the bargaining units would also address the “fragmentation” component of the statutory unit determination criteria found in RCW 41.80.070. The parties’ request for merger and amendment to the bargaining unit description is granted.

FINDINGS OF FACT

1.                  The University of Washington is an employer within the meaning of RCW 41.80.005(8).

 

2.                  The SEIU Healthcare 1199NW (union) is an employee organization within the meaning of RCW 41.80.005(7) and represents two separate bargaining units of non‑supervisory employees at University of Washington.

 

3.                  One of the bargaining units includes service and maintenance employees. The National Labor Relations Board originally certified that unit when Northwest Hospital was an independent private sector entity. The union continued to represent the bargaining unit employees when the University began operating Northwest Hospital in January 2020 and this agency modified that bargaining unit to include the professional and services and maintenance employees working at the UW Neighborhood Clinics. There are approximately 1100 employees in this bargaining unit. That bargaining unit is currently described as:

 

All full-time, part-time, and reserve employees employed by the University of Washington at its facilities located at the University of Washington Medical Center – Northwest, located at 1550 N 115th St, Seattle, and at the UW Neighborhood Clinics located at 1455 NW Leary Way, Suite 250, Seattle (Ballard); 2505 2nd Ave., Suite 200, Seattle (Belltown); 13231 SE 36th St., Suite 110, Bellevue (Factoria); 32018 23rd Ave. South, Federal Way (Federal Way); 1740 NW Maple St., Suite 100, Issaquah (Issaquah); 23213 Pacific Hwy South, Kent (Kent/Des Moines); 103 Washburn Place – PO Box 10, Lopez Island (Lopez Island); 314 NE Thornton Place, Seattle (Northgate); 7 Deye Lane, Eastsound (Orcas Island); 4915 25th Ave. NE, Suite 300-W, Seattle (Ravenna); 1355 N. 205th St., Shoreline (Shoreline); 750 Republican St., Building F, Floor 2, Seattle (South Lake Union); and 17638 140th Ave. NE, Woodinville (Woodinville) in the following job classifications: Resident EKG Tech; Medical Asst Apprentice; Materials Hndlg Aide I; Child Care Teachers Aide; Housekeeper I; Courier; Courier-Lab; Food Service Worker; Parking Control Attendant; Retail Assoc - Gift Shop; Transporter; Housekeeper I (Green); Department Asst I; Medical Records Clk I; Physical Therapy Tech; Switchboard Operator; Materials Hndlg Aide II; Nursing Assistant, Reg; Transporter Lead, Department Asst II; Medical Records Clk II; HIM Clerk II; OR/ED Assistant; Housekeeper II; Groundskeeper I; Diet Clerk; Housekeeper II (Green); Clinic Pt Srvcs Spec I; Cert Nursing Asst; Mobility Aide; Cert Nursing Asst Float; Department Asst Lead; Film Librarian Lead; Secretary; Culinary Associate; Medical Records Specialist; HIM Specialist; Housekeeper Lead; DI Outpatient Registration Rep; Admitting Rep; Clinic Pt Srvcs Spec II; Child Care Teacher; Client Services Rep; Groundskeeper II; Lab / DI Billing Rep; Medical Asst – Reg; Radiology Tech Asst; EKG Tech (In House Cert); Lab Assistant; Unit Secretary; Unit Secretary Float; HIM Specialist II; OR Secretary; Secretary Lead; Telemetry/Unit Sec; Transcriber, Medical; Instrument Tech; Diet Technician; Maintenance Worker; Food Service Lead; Medical Asst – Cert; DI Support Svcs Lead; Sr Admitting Rep; Admitting Rep Ld; Scheduler, DI / OR; Groundskeeper Lead; Materials Hndlg Aide III; Client Services Rep Lead; Lab/DI Billing Rep Lead; Monitor Technician; Lab Account Specialist; Lab Assistant Technical; Financial Counselor, Admitting; Clinic Pt Srvcs Spec III; HIM ROI Tech; Transcriber Lead; Instrument Technician Lead; Lab Assistant Lead; Scheduler Lead; Clinic Patient Care Coord; Lab Asst Technical Lead; Medical Asst - Cert Ld; Financl Counselr-Admitg Ld; Clinic Pt Srvcs Spec Ld; HIM ROI Tech II; Administrative Assistant; Buyer; Facilities, Properties, Constr Coord; Inventory Coord; Case Mgmt Asst; Implant Materials Specialist; Maintenance Engineer; Sr Buyer; Allergy Tech; Coder/Analyst; EEG (END) Technician; Sr Maintenance Engineer; Sr Painter; Maintenance Engineer Lead; Coding Specialist; Sr Carpenter; Coding Specialist Lead; Electrician Lead; HVAC Mechanic; Plumbing Specialist; and EXCLUDING confidential employees, supervisors, registered nurses, and all other employees.

4.                  In 2022, this agency certified the union as the exclusive bargaining representative of a bargaining unit of employees who provide campus security services at the University of Washington Medical Center – Northwest Campus. There are approximately 20 employees in this bargaining unit. That bargaining unit is currently described as:

All full-time and regular part-time Campus Security Officers and Campus Security Sergeants at University of Washington – Northwest, excluding supervisors, managers, confidential employees, employees in other bargaining units, and all other employees.

5.                  The parties agree that merging the bargaining units described in findings of fact 3 and 4 would result in an appropriate bargaining unit.

6.                  No facts that would call into question the propriety of the proposed merger described in these findings of fact have been discovered or brought to the attention of this agency.

CONCLUSIONS OF LAW

1.                  The Public Employment Relations Commission has jurisdiction in this matter under chapter 41.80 RCW and WAC 391-25-426.

2.                  The merger of the bargaining units described in findings of fact 3 and 4 will result in an appropriate unit for the purpose of collective bargaining under RCW 41.80.070.

ORDER

1.                  The bargaining units described in findings of fact 3 and 4 shall be merged into one bargaining unit described as follows:

 

All full-time and regular part-time Campus Security Officers and Campus Security Sergeants working at the University of Washington Medical Center – Northwest Campus and all full-time, part-time, and reserve employees employed by the University of Washington at its facilities located at the University of Washington Medical Center – Northwest Campus, located at 1550 N 115th St, Seattle, and at the UW Neighborhood Clinics located at 1455 NW Leary Way, Suite 250, Seattle (Ballard); 2505 2nd Ave., Suite 200, Seattle (Belltown); 13231 SE 36th St., Suite 110, Bellevue (Factoria); 32018 23rd Ave. South, Federal Way (Federal Way); 1740 NW Maple St., Suite 100, Issaquah (Issaquah); 23213 Pacific Hwy South, Kent (Kent/Des Moines); 103 Washburn Place – PO Box 10, Lopez Island (Lopez Island); 314 NE Thornton Place, Seattle (Northgate); 7 Deye Lane, Eastsound (Orcas Island); 4915 25th Ave. NE, Suite 300-W, Seattle (Ravenna); 1355 N. 205th St., Shoreline (Shoreline); 750 Republican St, Building F, Floor 2, Seattle (South Lake Union); and 17638 140th Ave. NE, Woodinville (Woodinville) in the following job classifications: Resident EKG Tech; Medical Asst Apprentice; Materials Hndlg Aide I; Child Care Teachers Aide; Housekeeper I; Courier; Courier-Lab; Food Service Worker; Parking Control Attendant; Retail Assoc - Gift Shop; Transporter; Housekeeper I (Green); Department Asst I; Medical Records Clk I; Physical Therapy Tech; Switchboard Operator; Materials Hndlg Aide II; Nursing Assistant, Reg; Transporter Lead, Department Asst II; Medical Records Clk II; HIM Clerk II; OR/ED Assistant; Housekeeper II; Groundskeeper I; Diet Clerk; Housekeeper II (Green); Clinic Pt Srvcs Spec I; Cert Nursing Asst; Mobility Aide; Cert Nursing Asst Float; Department Asst Lead; Film Librarian Lead; Secretary; Culinary Associate; Medical Records Specialist; HIM Specialist; Housekeeper Lead; DI Outpatient Registration Rep; Admitting Rep; Clinic Pt Srvcs Spec II; Child Care Teacher; Client Services Rep; Groundskeeper II; Lab / DI Billing Rep; Medical Asst – Reg; Radiology Tech Asst; EKG Tech (In House Cert); Lab Assistant; Unit Secretary; Unit Secretary Float; HIM Specialist II; OR Secretary; Secretary Lead; Telemetry/Unit Sec; Transcriber, Medical; Instrument Tech; Diet Technician; Maintenance Worker; Food Service Lead; Medical Asst – Cert; DI Support Svcs Lead; Sr Admitting Rep; Admitting Rep Ld; Scheduler, DI / OR; Groundskeeper Lead; Materials Hndlg Aide III; Client Services Rep Lead; Lab/DI Billing Rep Lead; Monitor Technician; Lab Account Specialist; Lab Assistant Technical; Financial Counselor, Admitting; Clinic Pt Srvcs Spec III; HIM ROI Tech; Transcriber Lead; Instrument Technician Lead; Lab Assistant Lead; Scheduler Lead; Clinic Patient Care Coord; Lab Asst Technical Lead; Medical Asst - Cert Ld; Financl Counselr-Admitg Ld; Clinic Pt Srvcs Spec Ld; HIM ROI Tech II; Administrative Assistant; Buyer; Facilities, Properties, Constr Coord; Inventory Coord; Case Mgmt Asst; Implant Materials Specialist; Maintenance Engineer; Sr Buyer; Allergy Tech; Coder/Analyst; EEG (END) Technician; Sr Maintenance Engineer; Sr Painter; Maintenance Engineer Lead; Coding Specialist; Sr Carpenter; Coding Specialist Lead; Electrician Lead; HVAC Mechanic; Plumbing Specialist; and EXCLUDING confidential employees, supervisors, registered nurses, and all other employees.

 

2.                  The SEIU Healthcare 1199 NW shall continue to be the exclusive bargaining representative of all employees in the merged bargaining unit described in paragraph 1 of this order.

ISSUED at Olympia, Washington, this  3rd  day of August, 2022.

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.