University of Washington, Decision 10338 (PSRA, 2009)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: )
)
WASHINGTON FEDERATION OF STATE )
EMPLOYEES ) CASE 21836-C-08-1362
)
For clarification of an existing ) DECISION 10338 - PSRA
bargaining unit of employees of: )
)
UNIVERSITY OF WASHINGTON ) ORDER CLARIFYING
) BARGAINING UNIT
___________________________________)
Younglove and Coker, P.L.L.C., by Edward E. Younglove III,
Attorney at Law, for the union.
Attorney General Robert M. McKenna, by Mark K. Yamashita,
Assistant Attorney General, for the employer.
On July 2, 2008, the Washington Federation of State Employees
(union) filed a unit clarification petition under Chapter 391-35
WAC, concerning certain employees of the University of Washington
(employer). The union seeks to include regular part-time employees
in an existing campus police management bargaining unit it
represents. Hearing Officer Jessica Bradley conducted a hearing on
November 20, 2008, and January 5, 2009. The parties agreed to
stipulations at the hearing.
ISSUE
Should the existing bargaining unit be clarified to include regular
part-time employees?
The Executive Director modifies the bargaining unit represented by
the union to include regular part-time employees who perform work
similar to work performed by full-time bargaining unit employees and
who work more than 350 hours in any twelve consecutive month period.
APPLICABLE LEGAL PRINCIPLES
Unit placement of part-time state civil service employees is
addressed in WAC 391-35-356. Under this rule, it is presumptively
appropriate for employees covered by Chapter 41.06 RCW who work less
than full-time to be included in the same bargaining unit as
full-time employees who perform similar work.
The Personnel Resources Board (PRB) is the agency authorized to
interpret Chapter 41.06 RCW, the applicable statute. On July 1,
2005, a revised rule, WAC 357-04-045, was adopted by the PRB
addressing part-time or temporary employees:
WHICH PART-TIME OR TEMPORARY EMPLOYEES OF HIGHER EDUCATION
EMPLOYERS ARE EXEMPT FROM CIVIL SERVICE RULES?
Persons employed to work one thousand fifty hours or less (1050
hours or less) in any twelve consecutive month period from the
original date of hire or October 1, 1989, whichever is later,
are exempt from civil service rules.
Employees who are either exempt under this subsection or
exceptions authorized under WAC 357-19-440, and who work more
than three hundred fifty (350) hours in any twelve consecutive
month period from the original date of hire or January 1, 2004,
whichever is later, may be included in an appropriate
bargaining unit for purposes of collective bargaining, as
determined by the public employment relations commission.
Overtime and time worked as a student employee under the
provisions of WAC 357-04-040 are not counted in the
three-hundred fifty (350) hours.
ANALYSIS
The union represents a bargaining unit of sergeants, lieutenants and
captains employed by the University of Washington Police Department.
The unit is typically referred to as the campus police management
bargaining unit and consists of approximately eleven employees. The
campus police management bargaining unit does not include regular
part-time employees performing similar work who work less than 1050
hours. At the time hearing, the employer did not employ any
part-time employees who worked more than 350 hours but less than
1050 hours during the previous twelve months.
The union requests that the bargaining unit be clarified to include
regular part-time employees performing similar work as full-time
bargaining unit employees so if any are employed in the future their
bargaining unit status will be clear. The employer argues that the
Commission should not clarify the bargaining unit to include regular
part-time employees because none are currently employed. The
employer argues that the Commission should not issue prospective
orders that include future regular part-time employees.
CONCLUSION
In accordance with WAC 357-04-045 and WAC 391-35-356, the bargaining
unit is clarified to include regular part-time employees who work
more than 350 hours in any twelve consecutive month period and
perform work similar to full-time bargaining unit employees. The
Commission routinely includes regular part-time employees in
bargaining unit certification language, even when an employer is not
using part-time employees.(fn:1) Moreover, Commission precedents
dating back to the onset of agency operations have used generic
terms such as "full-time and regular part-time" in unit descriptions
even when no part-time employees existed at the time the petition
was filed. City of Union Gap, Decision 5486 (PECB, 1996).
____________________
fn:1 See City of Zillah, Decision 9626 (PECB, 2007); The Evergreen
State College, Decision 10252 (PSRA, 2008); and Community College
District 6 (Seattle), Decision 10253 (PSRA, 2008).
Should the employer hire such part-time employees, the existing
bargaining unit appears to be the only appropriate unit for regular
part-time sergeants, lieutenants and captains employed by the
University of Washington Police Department. The fact that the
employer does not presently employ any part-time sergeants,
lieutenants or captains in its police department does not preclude
the Commission from clarifying the bargaining unit to include
regular part-time employees who perform work similar to that of
full-time bargaining unit employees.
FINDINGS OF FACT
1. The University of Washington is a state institution of higher
education within the meaning of RCW 41.80.005(10).
2. The Washington Federation of State Employees is an employee
organization within the meaning of RCW 41.80.005(7).
3. The union is the exclusive bargaining representative of the
University of Washington Police Management Bargaining Unit
described by the Washington Personnel Resources Board in Case
No. RU-593 as follows:
Included: All employees of the University of Washington
Police Department (UWPD) who are the rank of Sergeant,
Lieutenant or Captain. Excluded: All employees of the UWPD
who are not the rank of Sergeant, Lieutenant or Captain.
4. The parties stipulated that the bargaining unit described in
Finding of Fact 3 currently includes approximately eleven
employees.
5. The parties stipulated that the unit clarification petition was
timely filed.
6. The employer does not currently employ any part-time sergeants,
lieutenants or captains.
7. The parties stipulated that the University of Washington Police
Management Bargaining Unit does not currently include any
part-time employees covered by Chapter 41.06 RCW who work more
than 350 hours during the previous twelve months in accordance
WAC 391-35-356.
8. The parties stipulated that the bargaining unit described in
Finding of Fact 3 does not include students employed under WAC
357-04-040.
9. The parties stipulated that no other employee organization is
known to claim or be seeking to represent any of the part-time
employees at issue in this proceeding and that no other cases
pending before the Commission could affect the composition of
the bargaining unit.
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. Employees who work more than 350 hours during any twelve
consecutive month period and who perform work similar to that
performed by full-time bargaining unit employees are regular
part-time employees for the purpose of collective bargaining
and are appropriately included in the existing bargaining unit
as described in Finding of Fact 3.
ORDER
1. The description of the existing bargaining unit is modified to
read as follows:
All full-time and regular part-time employees of the
University of Washington Police Department (UWPD) employed
in the rank of Sergeant, Lieutenant or Captain, excluding
confidential employees and all other employees.
2. Employees who perform work similar to that performed by
full-time bargaining unit employees and who work for the
employer more than 350 hours during any twelve consecutive
month period are included in the bargaining unit as regular
part-time employees.
Issued at Olympia, Washington, on the 30th day of March, 2009.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
CATHLEEN CALLAHAN, 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.