King County Library System, Decision 10224-A (PECB, 2009)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: )
)
WASHINGTON STATE COUNCIL OF )
COUNTY AND CITY EMPLOYEES ) CASE 22040-E-08-3405
)
Involving certain employees of: ) DECISION 10224-A - PECB
)
KING COUNTY LIBRARY SYSTEM ) DECISION OF COMMISSION
___________________________________)
Audrie B. Eide, General Counsel, for the union.
Davis Wright Tremaine LLP, by Henry E. Farber, Attorney at Law,
and Maria Abramova, Attorney at Law, for the employer.
This case comes before the Commission on a timely appeal filed by
the Washington State Council of County and City Employees, AFSCME,
Council 2 (union or parent organization) seeking review and reversal
of an Order issued by Executive Director Cathleen Callahan that
dismisses the union petition to merge three bargaining units.(fn:1)
The King County Library System (employer) supports the Executive
Director's decision.
____________________
fn:1 King County Library System, Decision 10224 (PECB, 2009).
The union's representation petition sought to merge three different
bargaining units. Two of the bargaining units were represented by
different local unions of the parent organization, and negotiated a
separate collective bargaining agreement with the employer.(2) The
____________________
fn:2 Local 1652-LM represents employees in the buildings and
grounds division of the employer. King County Library System,
Decision 5691 (PECB, 1996). Local 1857 represents a mixed class
bargaining unit of employees. King County Library System, Decision
7934-A (PECB, 2003).
third bargaining unit was recently organized by the parent
organization and was not currently assigned to a specific local.(fn:3)
Representation Coordinator Sally Iverson issued a show cause letter
questioning the appropriateness of the petition because it appeared
that the union was seeking to merge local unions, and not individual
bargaining units within the same local. She also noted that the
merger of local unions is an internal union matter over which this
Commission has no jurisdiction.
____________________
fn:3 King County Library System, Decision 10117 (PECB, 2008).
The union responded by stating that it intended to merge three
bargaining units into one local, and included a letter sent to
employees in all three bargaining units explaining the union's
intent to create a single bargaining unit comprised of all employees
from the three bargaining units. The employer questioned the
appropriateness of the petition, arguing that WAC 391-35-030
prevents the filing of a representation petition during both the
contract bar and certification bar periods.(fn:4)
____________________
fn:4 On appeal, the employer reasserts its position that the
union's petition is untimely. However, this Commission routinely
processes merger petitions mid-contract where the same bargaining
representative or its affiliates represents both bargaining units
that are to be merged. See, e.g., Waterville School District,
Decision 9879 (PECB, 2007).
The Executive Director dismissed the union's petition, noting that
the signatory parties to two of the supplied collective bargaining
agreements were the employer and the specific local unions.
Accordingly, she found that for purposes of the representation
proceeding before this agency, the two local unions, Local 1652-LM
and Local 1857, were the exclusive bargaining representatives of
their respective bargaining units. Relying upon Commission
precedents, she then held that because no evidence existed within
the record demonstrating that the employees had decided to
relinquish the status of the independent locals as the exclusive
bargaining representative of their respective bargaining units, this
Commission could not conduct an election to merge bargaining units
until the status of the local unions was addressed.
Appellate Review is Limited to Existing Record
With its brief on appeal, the union attempts to introduce new
evidence demonstrating that it has taken steps internally to merge
the local unions into a single local. This Commission consistently
has ruled that it will not accept new evidence as part of its
appellate review process, and the union presents no compelling
reason as to why this information could not have been presented to
the Executive Director while processing of this case was still
before her. Snohomish County Fire District 4, Decision 8816-A
(PECB, 2005); Municipality of Metropolitan Seattle, Decision 2358-A
(PECB, 1986). Accordingly, our review is limited to the evidence
that was before the Executive Director.
Executive Director Correctly Applied Precedent
With respect to the Executive Director's legal analysis and
conclusions, we have reviewed the pertinent precedents and find no
reason to reverse those precedents or set aside the Executive
Director's decision. The case law is clear and unambiguous:
bargaining rights may be transferred by means of internal union
affairs transactions in which "due process" and "continuity"
concerns are satisfied. Skagit Valley Hospital, Decision 2509-A
(PECB, 1987). This Commission will entertain a petition attempting
to merge two or more bargaining units that were previously
represented by two or more different local unions only where
evidence is presented demonstrating those due process and continuity
rights have been satisfied. See, e.g., State - Home Care Quality
Authority, Decision 8241 (PECB, 2003)(holding that the petitioning
local satisfied "due process" concerns by providing documentation of
a ratification vote among all bargaining unit employees which showed
a majority of the employees were in favor of the transfer). Once it
can be established that employees have decided to abandon their
specific local unions in favor a single local union through a
process that protected the individual employees' due process rights,
the Executive Director may entertain a petition to merge the
bargaining units.
NOW, THEREFORE, it is
ORDERED
The Order of Dismissal issued by Executive Director Cathleen
Callahan in the above-entitled case is AFFIRMED and adopted as the
Order of Dismissal of the Commission.
Issued at Olympia, Washington, the 10th day of June, 2009.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
PAMELA G. BRADBURN, Commissioner
THOMAS W. McLANE, Commissioner