Washington State Patrol, Decision 13841 (PSRA, 2024)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: Washington State Patrol and washington State Patrol Trades Association For clarification of an existing bargaining unit. |
CASE 136307-C-23 DECISION 13841 - PSRA Order amending certification |
Andrew Gates, President, for the Washington State Patrol Trades Association.
Lane Hatfield, Labor Negotiator, Office of Financial Management, for Washington State Patrol.
On March 14, 2023, Washington State Patrol (employer) and the Washington State Patrol Trades Association (union) jointly filed a unit clarification petition under WAC 391-35-085 asking that the agency amend an existing bargaining unit certification to reflect a change in job titles of the employees in the union’s bargaining unit at the employer. The union represents a bargaining unit of employees in the Facilities Management section that is currently described as “all full-time and regular part-time diesel electric specialists, tower maintenance specialists and clerical employees of the facilities management section of the Washington State Patrol, excluding supervisors, confidential employees, general repair, secretary lead, plant mechanics who work at the academy or in the district office, engineers, WMS employees and employees in existing bargaining units.” State – Washington State Patrol, Decision 8865 (PSRA, 2005). During the course of representation, the employer changed the titles for some of the employees in the bargaining unit. The union asserts, and the employer agrees, that the petition does not alter the configuration of the bargaining unit and that no question concerning representation is raised by the petition.
WAC 391-35-085 provides a process for an organization to petition for an amendment to an existing certification, stating:
A party may file a petition to amend an existing certification to reflect a minor change in circumstances, such as a change of an employee organization’s name or an employer’s name, and the executive director may amend the certification if the amendment does not add or remove positions from the existing bargaining unit or change the bargaining unit’s configuration and there is no question concerning representation.
Here, the union’s petition merely seeks to amend the existing certification to reflect changes to the position titles. The bargaining unit’s structure has not been altered, and no question concerning representation exists. The union’s request for amendment is granted.
ORDER
1. The bargaining unit represented by the Washington State Patrol Trades Association and described in State – Washington State Patrol, Decision 8865 (PSRA, 2005) is amended to read as follows:
All full-time and regular part-time Maintenance Mechanics, Construction Project Coordinators, Electronic Technicians, and clerical employees of the Facilities Management Section of the Washington State Patrol, as well as Maintenance Mechanics working on Towers in the Electronic Services Division of the Washington State Patrol, excluding supervisors, confidential employees, general repair, Maintenance Mechanics who work at the Academy, the Fire Training Academy, or in the district offices, engineers, architects, WMS employees, and employees in existing bargaining units.
2. The amendment to the certification issued in this proceeding does not give rise to a new “certification bar” year under RCW 41.56.070 or WAC 391-25-030(3).
ISSUED at Olympia, Washington, this 14th day of May, 2024.
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.