University of Washington, Decision 10339 (PSRA, 2009)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: )
)
WASHINGTON FEDERATION OF STATE )
EMPLOYEES ) CASE 21837-C-08-1363
)
For clarification of an existing ) DECISION 10339 - 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 skilled trades 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 currently represents the skilled trades bargaining unit
which consists of all trades and crafts classifications of the
University of Washington, excluding supervisors, confidential
employees and those employees in existing bargaining units.(fn:1) The
existing bargaining unit consists of approximately 444 employees but
does not include regular part-time employees. The employer provided
a list of approximately 19 part-time employees who perform
bargaining unit work and have worked more than 350 hours during the
previous twelve months. These 19 part-time employees are currently
excluded from the unit because they do not work full time. Although
the part-time employees may not perform all the duties of the
equivalent full-time positions, they perform work similar to the
full-time positions in the existing bargaining unit.
____________________
fn:1 The bargaining unit was certified by the Commission in
University of Washington, Decision 8291 (PSRA, 2003), and reaffirmed
in University of Washington, Decision 9810 (PSRA, 2007).
CONCLUSION
The Executive Director finds that the stipulations made by the
parties are sufficient to constitute a basis for a ruling, and
nothing has come to the attention of the Commission staff or
Executive Director that contradicts the propriety of the
clarification requested by the union. The existing bargaining unit
appears to be the only appropriate unit placement for the
petitioned-for employees. The stipulations by the parties are
accepted and incorporated into the findings of facts below.
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 Washington Federation of State Employees is the exclusive
bargaining representative of a bargaining unit described as:
All trades and crafts classifications of the University of
Washington, excluding supervisors, confidential employees
and those employees in existing bargaining units.
4. The bargaining unit described in Finding of Fact 3 currently
includes approximately 444 employees.
5. The parties stipulated that the unit clarification petition was
timely filed.
6. The employer currently employs 19 part-time employees who
perform bargaining unit work and have worked more than 350
hours in a twelve consecutive month period in accordance with
WAC 357-04-045 and 391-35-356, but are not currently included
in the bargaining unit because of their part-time employment
status.
7. The parties stipulated that the bargaining unit described in
Finding of Fact 3 does not include students employed under WAC
357-04-040.
8. 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 employed by
the University of Washington in trades and crafts
classifications, excluding supervisors, confidential
employees and those employees in other existing bargaining
units.
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.